Kundan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70802 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- ARIYARI District- Sheikhpura ====================================================== Kundan Paswan, Son of Raj Kumar Paswan, Resident of Village- Diha, P.S.- Ariyari, District- Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Ariyari P.S. Case No. 48 of 2018 registered for the offence punishable under Sections 341, 323, 325, 307, 504, 506/34of the Indian Penal Code. Allegedly, the petitioner along with three others armed with iron, khanti, lathi and danda assaulted the informant and his son, Karyanand on head. His other son, Ravi Paswan was also assaulted when he came to save his father and his brother. It has been submitted on behalf of the petitioner that the petitioner is innocent and he has falsely been implicated in this case due to save themselves from the counter case filed by the petitioner bearing Ariyari P.S. Case No. 47 of 2018. It has further been submitted that the injury is simple in nature. Petitioner has no criminal antecedent and he is in custody since

Patna High Court Cr.Misc. No.70802 of 2018(3) dt.21-12-2018 2/2 07.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sheikhpura in connection with Ariyari P.S. Case No. 48/18, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T