Raman Paswan @ Ramnandan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59843 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== 1.
RAMAN PASWAN @ RAMNANDAN PASWAN Son of Mosafir Paswan Resident of Village - Ratanpura, P.S.- Madanpur, Dist.- Aurangabad 2.
Dilipon Paswan Son of Mosafir Paswan Resident of Village - Ratanpura, P.S.- Madanpur, Dist.- Aurangabad 3.
Upendra Paswan Son of Mosafir Paswan Resident of Village - Ratanpura, P.S.- Madanpur, Dist.- Aurangabad 4.
Udlesh Paswan Son of Raman Paswan @ Ramnandan Paswan Resident of Village - Ratanpura, P.S.- Madanpur, Dist.- Aurangabad 5.
Lav Kush Paswan Son of Raman Paswan @ Ramnandan Paswan Resident of Village - Ratanpura, P.S.- Madanpur, Dist.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlendra Pd. Singh For the Opposite Party/s :
Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-09-2019 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, 504, 448, 307, 380/34 of the Indian Penal Code registered in connection with Madanpur P.S. Case No. 63 of 2019.
3. It is submitted that the petitioners have been falsely implicated and the FIR has been lodged against as many as 16 persons including the petitioners. The accusations are general and omnibus in nature without any specific injury attributed individually. The accused persons are said to have assaulted with talwar and gadasa but in any event the injuries are of simple in nature save and except the injury of Rinku Devi and Mritunjay Paswan, opinion of which has been kept reserved, caused by hard blunt substance, thus, not attributable to the petitioners. The injury reports have been prepared on 21.03.2019, two
Patna High Court CR. MISC. No.59843 of 2019(2) dt.24-09-2019 2/2 days' prior to institution of the FIR on 23.03.2019 which casts considerable doubt. 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 satisfaction of learned CJM, Aurangabad, in connection with Madanpur P.S. Case No. 63 of 2019, 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 petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate 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.
iv. 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. (Vikash Jain, J) Chandran/- U T