Patna High CourtCR. MISC./55255/2018bail granted

Ankaj Paswan v. The State Of Bihar

2018-10-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55255 of 2018 Arising Out of PS.Case No. -180 Year- 2012 Thana -HATHAURI District- MUZAFFARPUR ======================================================

1. Ankaj Paswan S/o Upendra Paswan, R/o Vill.- Madhopur, P.S.- Hathauri, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick, Adv. Mr. Sanjay Kumar, Adv.

For the Opposite Party/s : Mr. Sri Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offence alleged under Sections 395 and 397 of the Indian Penal Code and Sections 25(1-b)A, 26 and 35 of Arms Act registered in Hathauri P.S. Case No. 180 of 2012.

3. It is submitted that the petitioner has been falsely implicated merely on the basis of statement of the mother of the deceased. Petitioner is not named in the FIR. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner 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 bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.55255 of 2018 (2) dt.06-10-2018 2/2 thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum-Sub-JudgeX, Muzaffarpur in connection with Hathauri P.S. Case No. 180 of 2012 subject to the conditions as laid down under Section 438(a) 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 co-operative with the investigation, if not already concluded, and make him 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 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) sushma/- U T