Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18425 of 2016 Arising Out of PS.Case No. -123 Year- 2015 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Vijay Paswan Son of Jagdish Paswan, Resident of Village- Jaluara, P.S.- Singhiya, District- Samastipur (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Singhiya P.S. Case No. 123 of 2015 registered for offences under sections 143, 144, 435, 511, 341, 353, 504 of the Indian Penal Code and Section 5/6 of the Essential Service Maintenance Act.

As per First Information Report, an accident has taken place in which the victim died. Thereafter, about 100 persons led by petitioner came on the road, blocked the road and started demanding money as compensation. They even tried to ablaze the vehicle of the police as well as private vehicle. The petitioner was identified. The petitioner is in jail custody since

Patna High Court Cr.Misc. No.18425 of 2016 (2) dt.05-05-2016 25.2.2016.

Looking to the facts and circumstances of the case, let the petitioner, namely, Vijay Paswan, 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 Sub Divisional Judicial Magistrate, Rosera, Samastipur in connection with Singhiya P.S. Case No. 123 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. (Shivaji Pandey, J) Rishi/- U T