Ramnath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22182 of 2019 Arising Out of PS. Case No.-220 Year-2018 Thana- MANIHARI District- Katihar ====================================================== 1.

Ramnath Paswan (Male), aged about 31 years, Son of Panchu Paswan 2.

Bhuneshwar Paswan (Male), aged about 28 years, Son of Panchu Paswan 3.

Panchu Paswan (Male), aged about 21 years, Son of Jagdeo Paswan 4.

Anandi Devi (Female), aged about 56 years, Wife of Panchu Paswan 5.

Chano Devi (Female), aged about 56 years, Wife of Ramnath Paswan 6.

Archana Devi @ Archana (Female) aged about 21 years, Wife of Bhareshwar Paswan All are resident of Kantakosh, P.S.- Manhari, District - Katihar. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Javed Aslam, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 448, 341, 323, 307 and 504/34 of the Indian Penal Code registered in connection with Manihari P.S. Case No. 220 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties, who are Gotias. The injuries attributed to the assault by the petitioners are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be

Patna High Court CR. MISC. No.22182 of 2019(3) dt.18-07-2019 2/2 released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 220 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

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

(iii) That petitioner nos. 1, 2 and 3 shall remain physically present in court on each and every date during trial and petitioner nos. 4, 5 and 6 shall be well represented in court on each and every date during trial except as and when directed by the learned court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) BT/- U T