Shyam Bihari Paswan @ Janga @ Jaga@ Shyam Bihari Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.45281 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45281 of 2017 Arising Out of PS.Case No. -244 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== SHYAM BIHARI PASWAN @ JANGA @ JAGA@ SHYAM BIHARI RAM son of Late Ram Raj Paswan @ Ram Raj Ram, resident of village Neema, Police Station Nasriganj, District Rohtas .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence under sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 504 and 354 of the IPC.

Counsel for the petitioner submits that the petitioner has falsely been made accused in this case due to land dispute which is subsisting between the parties. There is a case and counter case filed by the brother of the petitioner bearing Nasriganj (Rajpur) Police Station Case No. 243 of 2016. He further submits that he is a disabled person and some persons of his side also sustained injuries and prior to the instant case, no case is pending against him. He is in custody since 1.6.2017. In view of the aforesaid submissions, let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Biikramganj, Rohtas in Nasriganj (Rajpur) Police Station case no. 244 of 2016, on the following conditions:-

Patna High Court Cr.Misc. No.45281 of 2017 (2) dt.19-09-2017 (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(c) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

U T