Harendra Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76058 of 2018 Arising Out of PS. Case No.-152 Year-2013 Thana- GHORASAHAN District- East Champaran ======================================================
1. Harendra Paswan Son of Late Raghuni Paswan
2. Umesh Paswan Son of Late Mahesh Paswan
3. Jagat Paswan Son of Gajar Paswan
4. Prem Paswan Son of Gajar Paswan
5. Rudal Paswan Son of Jagat Paswan All are Resident of Village- Barka Pakahi, P.S. Lakhaura, District- East Champaran.
6. Hari Paswan Son of Late Raghuni Paswan
7. Munilal Paswan @ Motilal Paswan Son of Bhukhal Paswan @ Shukhal Paswan Both are Resident of Village- Barka Pakahi, P.S. Lakhaura, District- East Champaran.
8. Bijendra Rai, Son of Late Sita Ram Rai, Resident of Village- Semarimath, P.S.- Lakhaura, District- East Champaran.
9. Nanhak Miya, Son of Late Amin Miya, Resident of Village- Gola Pakariya, P.S.- Lakhaura, District- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Tondon For the Opposite Party/s :
Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners have been in custody since 29.08.2018 in connection with Ghorasahan (Lakhaura) P.S. Case No. 152/2013 registered for the offense punishable under Sections 144/414/120(B) of the I.P.C. and 17 of the C.L.A. Act. Learned counsel for the petitioner submits that these
Patna High Court Cr.Misc. No.76058 of 2018(3) dt.14-02-2019 2/3 petitioners have been taken into custody for having misused the privilege of bail. He further submits that the bail bonds of these petitioners were cancelled on account of the circumstances beyond their control and they are now willing to present themselves at each and every date and will co-operate in the trial so that the trial reaches its logical conclusion. In view of the aforementioned facts and circumstances, let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikharana at Dhaka, East Champaran, Motihari, in connection with Ghorasahan (Lakhaura) P.S. Case No. 152/2013, subject to the following conditions:-
(1) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wife.
(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.
(3) 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 reasons, their bail bonds shall be liable to be cancelled by the learned
Patna High Court Cr.Misc. No.76058 of 2018(3) dt.14-02-2019 3/3 court concerned.
(4) The petitioners shall co-operate 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. (Anjana Mishra, J) Saif/- U T