Shyam Sundar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24307 of 2019 Arising Out of PS. Case No.-99 Year-2017 Thana- HASANPUR District- Samastipur ====================================================== 1.

SHYAM SUNDAR PASWAN S/o Late Hirday Paswan Resident of VillageJagarnathpur,P.S.- Hasanpur, Dist.- Samastipur. 2.

Sunil Paswan S/O Jagdish Paswan Resident of Village- Jagarnathpur,P.S.- Hasanpur, Dist.- Samastipur.

3.

Ganga Prasad Paswan S/o Jibach Paswan Resident of VillageJagarnathpur,P.S.- Hasanpur, Dist.- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Mira Kumari For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-04-2019 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, 307,323,324,341,504 IPC registered in connection with Hasanpur P.S. Case No. 99/2017. It is submitted that the petitioners have been falsely implicated in the backdrop of two earlier cases in Hasanpur P.S. Case No. 96/2012 and Complaint Case No. 650/2012 filed by the petitioner's side. It is further submitted that no injury has been caused to the informant's side. 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 released on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM III, Samastipur, in connection with Hasanpur P.S. Case No. 99/2017 subject to the conditions as laid down

Patna High Court CR. MISC. No.24307 of 2019(2) dt.19-04-2019 2/2 under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That 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.

iv. 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.

5. That the provisional bail granted to the petitioners shall stand confirmed upon verification by the learned Court below that there is no grievous injury caused to the informant's side. In case the petitioners' claim fails upon verification, their bail bonds shall stand automatically cancelled.

Chandran/- (Vikash Jain, J) U T