Nand Lal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32149 of 2019 Arising Out of PS. Case No.-273 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== Nand Lal Paswan, aged about 30 years, Son of Yogi Paswan, Resident of village- Ram Nagra, P.S.- Riga, District- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Hans Lal Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-05-2019 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, 341 and 302 of the Indian Penal Code registered in connection with Riga P.S. Case No. 273 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the first information report has been instituted against one named person and 100-150 known persons with allegation of having assaulted one of the four miscreants who were looting the pickup van when the driver of the said vehicle co-accused Pramod Paswan made hulla. The accusation of assault is general and omnibus in nature and the petitioner is not named in the FIR, much less any overt act has been alleged against him. The petitioner claims clean antecedents.

4. Be that as it may, 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)

Patna High Court CR. MISC. No.32149 of 2019(2) dt.17-05-2019 2/2 with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 273 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with 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) That 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. (iv) That 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.

(Vikash Jain, J) BT/- U T