Arjun Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40559 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- BHAGALPUR GRP CASE DistrictBhagalpur ====================================================== Arjun Kumar Paswan Son of Late Kalu Paswan Resident of Qtr No. T/3D, Diction Road, Mundichak, P.S. - Tilkamanjhi, District - Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shivnandan Sah For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Bhagalpur G.R.P.S. Case No. 04 of 2020 registered for the offence under Sections 341, 323, 325, 353 of the Indian Penal Code.

As per the prosecution case, while the informant alongwith other police personnel was on duty at the railway yard Bhagalpur, this petitioner was caught. This petitioner is further alleged to have started assaulting the informant and badly injured him and thereafter, tried to flee away, but on chase, this petitioner was apprehended on spot. It is submitted on behalf of petitioner that for the said occurrence, one RPF/Post/Bhagalpur Case No. 01/2020 dated 04.01.2020 under Section 3(a)RP(UP) Amendments Act 12 and Section 146/147 of Railway Act was also registered against this petition, in which, he is on bail. It is further

Patna High Court CR. MISC. No.40559 of 2020(2) dt.22-02-2021 2/2 submitted that petitioner has been falsely implicated in this case and no offence under Section 353 of the I.P.C. is made out against him. The petitioner is in custody since 17-08-2020. Chargesheet has been submitted.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Railway A.C.J.M., Bhagalpur in connection with Bhagalpur G.R.P.S. Case No. 04 of 2020 on the following conditions:

"(1) Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers 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