Surendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23285 of 2019 Arising Out of PS. Case No.-188 Year-2018 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

SURENDRA PASWAN, son of Jangbahadur Paswan 2.

Binod Paswan, son of Surya Paswan @ Suraj Paswan, Both are r/o. Village Banyari, P.S. Pipra Kothi, Dist. East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-04-2019 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, 149, 341, 323, 307,504 IPC registered in connection with Pipra Kothi P.S. Case No. 188/2018 (GR No. 5799 of 2018).

3. It is submitted that the petitioners have been falsely implicated and the present FIR has been instituted only as counter blast to earlier Pipra Kothi P.S. Case No. 185 of 2018 and Pipra Kothi P.S. Case No. 195/2018 filed by the petitioners' side against the informant's side. There is no injury report on record to corroborate the accusation of assault. The accusations are general and omnibus in nature. 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 bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, East Champaran at Motihari, in connection with Pipra

Patna High Court CR. MISC. No.23285 of 2019(2) dt.12-04-2019 2/2 Kothi P.S. Case No. 188/2018 (GR No. 5799 of 2018). subject to the conditions as laid down 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. (Vikash Jain, J) Chandran/- U T