Amod Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 36719 of 2019 Arising Out of PS. Case No.-152 Year-2018 Thana- KOTWA District- East Champaran ====================================================== 1.
Amod Paswan male, aged about 43 years Son of Siyavar Paswan 2.
Manoj Paswan male, aged about 30 years Son of Sakal Paswan 3.
Dharmendra Paswan, male, aged about 24 years Son of Late Rajdeo Paswan 4.
Arjun Paswan, male, aged about 26 years Son of Late Rajdeo Paswan 5.
Jiyan Paswan, male, aged about 23 years Son of Late Suresh Paswan 6.
Siyawar Paswan @ Siyawar Hazara, male, aged about 46 years Son of Late Moti Paswan @ Late Moti Hazara All Resident of Village - Karariya Fateh Tola, P.S.- Kotawa, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi For the Opposite Party/s :
Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.
19-02-2020 Heard learned counsel for the parties.
The petitioners apprehend their arrest in Kotwa P.S. Case No. 152 of 2018 registered for the offence under Section 307 & other allied sections of the Indian Penal Code. There is case and counter case and both sides sustained injury.
It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case. In fact, no such occurrence has taken place. It is further submitted that some scuffle took place on a petty dispute, as a result of which,
Patna High Court CR. MISC. No.36719 of 2019(4) dt.19-02-2020 2/2 a false case has been filed. It is further submitted that from perusal of injury report, it appears that injuries sustained by informant side are lacerated wound, stitched wound, caused by hard & blunt substance and all are simple in nature. Petitioners have no criminal antecedent.
Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran in connection with Kotwa P.S. Case No. 152 of 2018 on the following conditions: "(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T