Siya Paswan @ Siya Ram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36135 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -KHAIRA District- JAMUI ====================================================== Siya Paswan @ Siya Ram Paswan, Son of Bhagwat Paswan, resident of Village- Naryana, P.S.- Khaira, District- Jamui. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Prakash Mahto, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 31.03.2017 in connection with Khaira P.S. Case No. 26 of 2017 for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 302 and 427 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there is no eye witness to the occurrence. There is no material to connect the petitioner with the alleged occurrence or with the victim who was said to be having love affair with the sister of co-accused Pappu Paswan and Amlesh Paswan. Moreover, no specific overt act of assault has been attributed to the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 26 of 2017, on the following

Patna High Court Cr.Misc. No.36135 of 2017 (3) dt.20-09-2017 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 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.

(iv) 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.

(Vikash Jain, J) Md. Ibrarul/BT U T