Arvind Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.50160 of 2015 (2) dt.05-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50160 of 2015 Arising Out of PS.Case No. -107 Year- 2015 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ====================================================== Arvind Paswan, son of Prasadi Paswan, resident of village Thera, P.S. - Chhabilapur, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar No.1, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406/420 of the Indian Penal Code registered in connection with Chhabilapur P.S. Case No. 107 of 2015.

3. It is submitted that the petitioner has been falsely implicated out of political rivalry being a simple farmer having no direct or indirect role to play in the MNREGA Scheme and the payments of wages thereunder are to be made by the District Programme Officer. It is further stated that the accusation in the F.I.R. is vague and in any event some of the persons said to have made a complaint of non-receipt of proper wages have sworn affidavits that they are receiving the due amounts in their Bank Accounts.

Patna High Court Cr.Misc. No.50160 of 2015 (2) dt.05-11-2015

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, in connection with Chhabilapur P.S. Case No. 107 of 2015, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions : (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U