Vinod Paswan @ Binod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64131 of 2022 Arising Out of PS. Case No.-83 Year-2022 Thana- MAINATAND District- West Champaran ====================================================== VINOD PASWAN @ BINOD PASWAN Son of Ganga Hazara R/v- Singhpur, P.S.- Mainatand, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bashishtha Narayan Mishra, Advocate : Mr.Brij Kishor Mishra, Advocate : Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP For the Informant : Mr. Arpit Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offence under Sections 147, 148, 149, 447, 341, 323, 324, 325, 307, 354(B) , 504 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted to the informant by means of iron rod causing injury on her head. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case due to previous land dispute. Further submits that the present case is counter blast of Mainatand P.S.Case No.63 of 2022 filed by Chameli Devi. Further submits that it appears from the FIR

Patna High Court CR. MISC. No.64131 of 2022(2) dt.14-03-2023 2/3 that the allegation against the petitioner is that he assaulted to the informant by means of iron rod. Further submits that the injury report of the informant suggests that the injury is simple in nature caused by hard and blunt substance and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 28.06.2022. Learned counsel for the informant and learned A.P.P. for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries five more cases other than the present one but the learned APP for the State fairly submits that the petitioner is on bail in all the cases as mentioned in para-3 of the bail petition.

Considering the aforesaid facts, let the petitioner, above named, 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 below where the case is pending in connection with Mainatand P.S. Case No.

(1) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.64131 of 2022(2) dt.14-03-2023 3/3 reason, his/her 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.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T