Arunjay Paswan @ Prem Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.55870 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55870 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Arunjay Paswan @ Prem Kumar, Son of Rajendra Paswan, Resident of Village- Hasanpur, P.S.- Mufassil, Distt- Munger. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Jyoti Ranjan Jha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 447, 427, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Muffasil (Munger) P.S. Case No. 18 of 2018.

3. It is submitted that the petitioner has been falsely implicated and there is no injury report to corroborate the allegation of firing. Similarly situated co-accused persons Bablu Paswan and Bijay Paswan @ Bijay Kumar Paswan have been granted anticipatory bail by this Court in Cr. Misc. No. 31038 of 2018 and Cr. Misc. No. 47841 of 2018 respectively.

4. Be that as it may, 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

Patna High Court Cr.Misc. No.55870 of 2018 (2) dt.06-10-2018 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Muffasil P.S. Case No. 18 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 petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, 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.

(iv) The petitioner 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, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/- U T