Patna High CourtCR. MISC./24151/2019bail granted

Arya Kumar @ Manish Pasi v. The State Of Bihar

2019-07-18Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24151 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- DEEPNAGAR DistrictNalanda ====================================================== ARYA KUMAR @ MANISH PASI, male, aged about 22 years, S/o Manoj Choudhary, R/O Village- Maghra Sarai, P.S.- Deepnagar, District- Nalanda. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 29048 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- DEEPNAGAR DistrictNalanda ====================================================== MANIKANT PASWAN, aged about 24 years, S/o Ranjit Paswan Resident of Village- Maghra, P.S.- Deepnagar, District- Nalanda. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 36295 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- DEEPNAGAR DistrictNalanda ====================================================== Dharo Paswan, aged about 38 years, male, Son of Arjun Paswan Resident of Village - Maghra, P.S.- Deep Nagar, Dist.- Nalanda. ... ... Petitioner

Versus

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

(In CRIMINAL MISCELLANEOUS No. 24151 of 2019) For the Petitioner :

Mr. Md. Anjum Akhter, Advocate.

For the Opposite Party:

APP For the Informant : Mr. Pramod Kumar Sinha, Advocate. (In CRIMINAL MISCELLANEOUS No. 29048 of 2019)

Patna High Court CR. MISC. No.24151 of 2019(4) dt.18-07-2019 2/3 For the Petitioner :

Mr.Ganesh Sharma For the Opposite Party :

Mr.Md. Shakir Ahmad (In CRIMINAL MISCELLANEOUS No. 36295 of 2019) For the Petitioner :

Mr. Biresh Kumar Sinha For the Opposite Party:

Mr.Md. Ataur Rahman ====================================================== 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 147, 148, 149, 342, 323, 324, 427, 307, 436, 380 and 302 of the Indian Penal Code registered in connection with Deepnagar P.S. Case No. 06 of 2019.

3. It is submitted that the petitioners have been falsely implicated and the F.I.R. is against as many as 51 named and 400500 unknown persons. It is submitted that no specific overt act has been alleged against the petitioners in connection with killing of the informant's son Raju. It is submitted that the thrust of accusation of assault is against co-accused Nagina Paswan, Bimal Paswan and Vicky Paswan. Another F.I.R., namely, Deepnagar P.S. Case No. 07 of 2019 has been lodged on the same date against the informant's side. Similarly situated co-accused Mukku Kumar @ Mukku Chaudhary has been granted bail by this Court in Cr. Misc. No. 37876 of 2019.

4. Learned APP assisted by learned counsel for the informant appears and has been heard. Learned APP has not pointed out any objective material in the case diary against the petitioners.

4. Be that as it may, in the event of arrest or surrender of all the petitioners of these petitions before the court below within six weeks from the date of communication of this order, let them be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court CR. MISC. No.24151 of 2019(4) dt.18-07-2019 3/3 satisfaction of learned Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Deepnagar P.S. Case No. 06 of 2019, 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 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. (iv) 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.

(Vikash Jain, J) Ibrar/BT U T