Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30128 of 2019 Arising Out of PS. Case No.-290 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== 1.

SURESH PASWAN Son of Ram Pukar Paswan Resident of Village - Govindpur, P.S.- Lalganj, Distt - Vaishali.

2.

Veer Singh Son of Sitaram Singh Resident of Village - Sirsabiren, Ward No. 1, P.S.- Lalganj, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 413, 414/34 IPC registered in connection with Lalganj P.S. Case No. 290/2018.

3. It is submitted that the petitioners have been falsely implicated merely on the confessional statement of co-accused Manjit Kumar, except which there is no objective material to connect the petitioners with the alleged occurrence. The stolen motorcycles have been recovered from the house of the aforesaid co-accused Manjt Kumar and no recovery has been made from the shop of the petitioners. The allegations have been made owing to political rivalry as their respective wives are ward councilors. The 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)

Patna High Court CR. MISC. No.30128 of 2019(2) dt.10-05-2019 2/2 each with two sureties of like amount each to the satisfaction of learned CJM, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 290/2018, 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