Arjun Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36211 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -JOGBANI District- ARRARIA ======================================================

1. Arjun Paswan, Son of Jagta Nand Paswan.

2. Anirudh Paswan, Son of Srilal Paswan.

3. Pramod Paswan @ Pramod Kumar Paswan, Son of Hari lal Paswan. All are residents of village- Pipra Ghat, P.S. Jogbani, District- Araria. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sanjay Kumar Sharma, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-09-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 325, 504, 379, 354, 354B/34 of the Indian Penal Code registered in connection with Jogbani P.S. Case No. 39 of 2016.

3. It is submitted that the petitioners have been falsely implicated and there is ongoing land dispute between the parties who are all related. F.I.R. has been instituted after inordinate delay of about two and half months on 29.03.2016 for the alleged occurrence of 19.01.2016. Petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances, 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 Chief Judicial Magistrate, Araria in connection with Jogbani P.S. Case No. 39 of 2016, subject to the

Patna High Court Cr.Misc. No.36211 of 2016 (2) dt.09-09-2016 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 of each of the petitioners shall be their close relative other than the petitioners herein. (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 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) Md. Ibrarul/BT U T