Vijay Paswan @ Vijay Pawan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41734 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Vijay Paswan @ Vijay Pawan, aged about 35 years, sex-Male, Son of Puran Paswan 2.

Bishundev Paswan, aged about 40 years, sex-male,Son of Late Birju Paswan Both are resident of Village-Raypur, P.S.-Aurangabad (Muffasil), District Aurangabad.

... ... Petitioners

Versus

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

For the Petitioners :

Mrs. Rupa Kumari, Mr. Yugal Kishore, Advocates For the Opposite Party :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 379, 504, 354, 34 of the Indian Penal Code registered in connection with Aurangabad (Muffasil) P.S. Case No. 06 of 2019.

3. It is submitted that the petitioners have been falsely implicated in retaliation to the FIR in SC/ST P.S. Case No. 02 of 2019 lodged a day prior thereto at the instance of Malti Devi, wife of co-accused Birendra Paswan, in which one of the accused persons is Bablu Singh, son of the informant. 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 bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court CR. MISC. No.41734 of 2019(2) dt.08-07-2019 2/2 satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Muffasil) P.S. Case No. 06 of 2019, 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 of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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 bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate 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. (Vikash Jain, J) BT/- U T