Shasi Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.53411 of 2018 (2) dt.20-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53411 of 2018 Arising Out of PS.Case No. -67 Year- 2018 Thana -MOKAMAH District- PATNA ======================================================

1. Shasi Paswan S/o Late Jamuna Paswan, R/o vill.- Modangachi, P.S.- Mokama, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 307, 324, 323, 379 IPC registered in connection with Mokama P.S. Case No. 67/2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of family disharmony as the petitioner and the informant are own brothers. The accusation that the petitioner along with his wife and two children were drunk is highly improbable in the face of it. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.53411 of 2018 (2) dt.20-09-2018 of Sri Manoj Kumar, learned J.M. Ist Class, Barh, District Patna in connection with Mokama P.S. Case No. 67/2018, subject to the conditions as laid down under Section 438 (2) 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-operate 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.

(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) Chandran/BT U T