Rajiv Paswan @ Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71640 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- SALIMPUR District- Patna ====================================================== 1.

Rajiv Paswan @ Rajiv Kumar, Son of Babuchan Paswan, Resident of Village - Alipur Bihta, P.S.- Salimpur, District - Patna. 2.

Gautam Paswan @ Gautam Kumar, Son of Balram Paswan, Resident of Village - Alipur Bihta, P.S.- Salimpur, District - Patna. 3.

Chhotu Paswan @ Shakti, Son of Balram Paswan, Resident of Village - Alipur Bihta, P.S.- Salimpur, District - Patna. 4.

Pankaj Paswan @ Pankaj Kumar, Son of Siya Paswan, Resident of Village - Alipur Bihta, P.S.- Salimpur, District - Patna. 5.

Pavitra Paswan, Son of Siya Paswan, Resident of Village - Alipur Bihta, P.S.- Salimpur, District - Patna.

6.

Vivek @ Banti Paswan @ Vivek Kumar, Son of Lakhandeo Paswan, Resident of Village - Alipur Bihta, P.S.- Salimpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash, Advocate For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties and perused the case diary.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147,148,149,341,307,504,506 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, all the accused persons armed with weapon came into the house of the informant and

Patna High Court CR. MISC. No.71640 of 2019(2) dt.20-11-2019 2/3 started abusing and pelting bricks on the house of the informant. It is further alleged that the accused persons made fire upon the informant and her family members but they closed the door of the house and saved themselves.

Learned counsel for the petitioner submits that the petitioners have falsely been implicated in this case. The informant alleged in the FIR that they shot fire upon the informant but nobody has sustained fire-arm injury. It is further submitted that the similarly situated co-accused have been granted anticipatory bail vide Cr. Misc. No. 59768 of 2019 order dated 24.09.2019 by a coordinate Bench of this Court. Learned counsel for the State opposes the prayer for bail.

In the aforesaid facts and circumstances of the case, let the above named petitioners be released on bail in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.-I, Barh, Patna, in Salimpur Police Station Case No. 110 of 2019, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.71640 of 2019(2) dt.20-11-2019 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) khushbu/- U T