Kamlesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38301 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

KAMLESH PASWAN S/o Chandar Paswan Resident of village- Bulaki Bigha, P.S. (Karauna O.P.), Jehanabad, District- Jehanabad. 2.

Chandar Paswan S/O Rambriksh Paswan Resident of village- Bulaki Bigha, P.S. (Karauna O.P.), Jehanabad, District- Jehanabad. 3.

Pintu Paswan Son of Arjun Paswan Resident of village- Bulaki Bigha, P.S. (Karauna O.P.), Jehanabad, District- Jehanabad. 4.

Nakul Paswan Son of Arjun Paswan Resident of village- Bulaki Bigha, P.S. (Karauna O.P.), Jehanabad, District- Jehanabad. 5.

Veer @ Bitu Paswan Son of Arjun Paswan Resident of village- Bulaki Bigha, P.S. (Karauna O.P.), Jehanabad, District- Jehanabad. 6.

Sarjun Paswan S/O Late Raghun Paswan Resident of village- Bulaki Bigha, P.S. (Karauna O.P.), Jehanabad, District- Jehanabad. 7.

Pinku Paswan S/O Sarjun Paswan Resident of village- Bulaki Bigha, P.S. (Karauna O.P.), Jehanabad, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 341, 323,354, 504 IPC registered in connection with Jehanabad P.S. Case No. 214 of 2019

3. It is submitted that the petitioners have been falsely implicated and there is delay in filing the FIR on 15.03.2019 for the alleged occurrence of 09.03.2019. From the FIR it appears that none of the accusations are of such nature as to constitute the offence under Section 354 IPC. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.38301 of 2019(2) dt.27-06-2019 2/2

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) each with two sureties of like amount each to the satisfaction of learned CJM, Jehanabad, in connection with Jehanabad P.S. Case No. 214 of 2019 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 bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T