Ram Chandra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40017 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== RAM CHANDRA PASWAN S/O Dukhharan Paswan Resident of villageChananpatti, P.S.- Ashok Paper Mill, District- Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324, 452, 379, 307, 504, 506/34 of the Indian Penal Code registered in connection with Ashok Paper Mill P.S. Case No. 105 of 2018.

3. It is submitted that the petitioner has been falsely implicated and thereis case and counter case between the parties. The accusation of assault is general and omnibus and the injuries are simple in nature. The petitioner claims clean antecedents.

4. Be that it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned ACJM V, Darbhanga in connection with Ashok Paper Mill P.S. Case No. 105 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.

Patna High Court CR. MISC. No.40017 of 2019(3) dt.26-08-2019 2/2 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate 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.

5. The provisional bail granted to the petitioner shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bond, that no grievous injury has been caused to the informant and his son. In case grievous injury is found, his bail bonds shall stand automatically cancelled.

(Vikash Jain, J) Chandran/- U T