Sumindra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44760 of 2019 Arising Out of PS. Case No.-137 Year-2017 Thana- DHANARUA DistrictPatna ====================================================== SUMINDRA PASWAN, male, aged about 34 years, Son of Dhannu Paswan Resident of Village - Tarwa Nayabigha, P.S.- Ghoshi, Distt - Jehanabad. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Dr. Shraddhanand Paswan, Advocate.
For the Opposite Party:
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 302, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Dhanarua P.S. Case No. 137 of 2017.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of admitted land dispute. The specific overt act of firing upon the informant's son is on co-accused Ajit Paswan causing his death. The petitioner has not been named in the F.I.R. and stands on better footing than co-accused Lal Babu Paswan who is F.I.R. named is said to be the order giver as also Munna Paswan who is also F.I.R. named accused, both of whom have been granted anticipatory bail by this Court in Cr. Misc. No. 59323 of 2017 and Cr. Misc. No. 20794 of 2017 respectively. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from
Patna High Court CR. MISC. No.44760 of 2019(2) dt.22-07-2019 2/2 the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-VI, Patna in connection with Dhanarua P.S. Case No. 137 of 2017, 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.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate 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) That 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.
(Vikash Jain, J) Ibrar//- U T