Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38707 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.

JITENDRA PASWAN Son of Umanand Paswan Resident of Village-Hingwa Got, Ward No.15, P.S.-Bhargama, District-Araria. 2.

Kaushal Paswan Son of Umanand Paswan Resident of Village-Hingwa Got, Ward No.15, P.S.-Bhargama, District-Araria.

3.

Amila Devi Wife of Umanand Paswan Resident of Village-Hingwa Got, Ward No.15, P.S.-Bhargama, District-Araria.

4.

Surya Narayan Paswan Son of Pagalu Paswan Resident of Village-Hingwa Got, Ward No.15, P.S.-Bhargama, District-Araria. 5.

Prakash Paswan Son of Dhanraj Paswan Resident of Village-Hingwa Got, Ward No.15, P.S.-Bhargama, District-Araria.

6.

Pawan Paswan Son of Basudeo Paswan Resident of Village-Hingwa Got, Ward No.15, P.S.-Bhargama, District-Araria.

7.

Bechan Sharma @ Bechan Sutihar Son of Gonar Paswan Resident of Village-Hingwa Got, Ward No.15, P.S.-Bhargama, District-Araria. 8.

Moti Bhagat Son of Sri Prasad Bhagat @ Genari Bhagat Resident of VillageHingwa Got, Ward No.15, P.S.-Bhargama, District-Araria. 9.

Ajay Paswan Son of Dilip Paswan Resident of Village-Hingwa Got, Ward No.15, P.S.-Bhargama, District-Araria.

10.

Rajendra Bhagat Son of Shiv Prasad Bhagat Resident of Village-Hingwa Got, Ward No.15, P.S.-Bhargama, District-Araria. 11.

Rahul Mandal @ Rahul Kumar Son of Kirani Mandal @ Vikash Mandal Resident of Village-Hingwa Got, Ward No.15, P.S.-Bhargama, DistrictAraria. 12.

Parmanand Paswan @ Pramand Paswan Son of Saryug Paswan @ Surya Narayan Paswan Resident of Village-Hingwa Got, Ward No.15, P.S.- Bhargama, District-Araria.

13.

Dayanand Bhagat Son of Domi Bhagat Resident of Village-Hingwa Got, Ward No.15, P.S.-Bhargama, District-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

Patna High Court CR. MISC. No.38707 of 2019(2) dt.01-07-2019 2/3 01-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 144, 147, 148, 149, 152, 186, 188, 342, 323, 325, 307, 353, 467, 468, 471, 332, 333, 329, 337, 504, 506 IPC registered in connection with Bhargama P.S. Case No. 18/2019.

3. It is submitted that the petitioners have been falsely implicated and the FIR is against 63 named and 400-450 unknown persons. The petitioners merely happened to be in the vicinity and the accusations are general and omnibus in nature without any specific accusation attributed to the petitioners. The petitioners claim clean antecedents. 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) each with two sureties of like amount each to the satisfaction of learned CJM, Araria, in connection with Bhargama P.S. Case No. 18/2019, 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

Patna High Court CR. MISC. No.38707 of 2019(2) dt.01-07-2019 3/3 required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner no. 3 shall be well represented and petitioner nos. 1, 2 and 4 to 13 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