Rajdeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18744 of 2019 Arising Out of PS. Case No.-404 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== Rajdeo Paswan, aged about 56 years, male, Son of Late Balkishun Paswan Resident of Village - Paharpur, P.S.- Gardanibagh, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vinod Kumar, Advocate For the State :

Mr. Jitendra Kumar Singh, APP For the Informant :

Mr. Pawan Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 366/34 of the Indian Penal Code registered in connection with Gaya Mufassil P.S. Case No. 404 of 2018.

3. It is submitted that the petitioner, who is the father of the accused Ashwani Kumar @ Sanni Kumar, has been falsely implicated and in any event, the entire accusation has been made against co-accused Ashwani Kumar @ Sanni Kumar. The petitioner, who happens to be a Government employee posted as Assistant in Reserve Bank of India, Gandhi Maidan, Patna, claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Gaya Muffasil P.S. Case No. 404 of 2018, subject to the conditions as laid down

Patna High Court CR. MISC. No.18744 of 2019(2) dt.29-03-2019 2/2 under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/- (Vikash Jain, J) U T