Laxman Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56306 of 2019 Arising Out of PS. Case No.-181 Year-2016 Thana- DARBHANGA SADAR District- Darbhanga ====================================================== LAXMAN PASWAN, aged about 38 years, male, Son of Ram Bilash Paswan Resident of Village - Chakka, P.S.- Sadar Mabbi, Distt - Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Kumar, Advocate.

For the Opposite Party :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2019 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, 149, 341, 342, 188, 186, 283, 353 of the Indian Penal Code and 3⁄4 of the Prevention of Public Property to Damage Act, 1984 registered in connection with Sadar P.S. Case No. 181 of 2016.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. has been instituted against as many as 4 named and 100 unknown persons. It is submitted that no specific overt act has been attributed to the petitioner. There is no injury report to corroborate the accusation of assault against the petitioner. 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 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

Patna High Court CR. MISC. No.56306 of 2019(2) dt.05-09-2019 2/2 to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sadar P.S. Case No. 181 of 2016, 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