Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17576 of 2019 Arising Out of PS. Case No.-466 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

Sanjay Paswan , aged about 42 years, (Male), Son of Late Jangli Paswan 2.

Rohit Paswan aged about 19 years, (Male), Son of Sanjay Paswan 3.

Satan Paswan aged about 20 years, (Male), Son of Sanjay Paswan All resident of Village - Barki Mahmadpur, P.S.- Bakhtiyarpur, District - Patna.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sadanand Paswan, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 354, 307, 379, 427, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Bakhtiyarpur P.S. Case No. 466 of 2018.

3. It is submitted that the petitioners have been falsely implicated owing to local village politics. The accusations of assault are general and omnibus in nature and no specific accusation of assault whatsoever is attributed individually. There is no injury report to support the accusation of assault by the petitioners, who 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 released on bail on furnishing bail bonds of Rs.10,000/- (ten

Patna High Court CR. MISC. No.17576 of 2019(2) dt.27-03-2019 2/2 thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh in connection with Bakhtiyarpur P.S. Case No. 466 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 the petitioners 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, 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. BT/- (Vikash Jain, J) U T