Pankaj Kumar Paswan @ Pankaj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78751 of 2018 Arising Out of PS. Case No.-488 Year-2018 Thana- PATLIPUTRA District- Patna ======================================================

1. Pankaj Kumar Paswan @ Pankaj Kumar

2. Ranjeet Kumar Paswan Both S/o Ramjatan Paswan Resident of Village+P.O. +p.S.-Jainagar,Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sadanand Paswan For the Opposite Party/s :

Mr.Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for the parties.

Petitioners seek bail in Patliputra P.S. Case No. 488 of 2018 registered for the offence punishable under Sections 419, 420, 467, 468 and 120B of the Indian Penal Code. Allegation against petitioner no. 1 is that co-accused Fauji Kumar Singh, impersonated himself to appear in the written examination in place of petitioner No.1, however, same was detected and said Fauji Kumar Singh was apprehended and he disclosed the name of petitioners. Allegation against petitioner no. 2 is of accompanying him.

It has been submitted on behalf of the petitioners that they are innocent and have been arrested on the basis of suspicion only. Similarly, situated co-accused person Fauji

Patna High Court Cr.Misc. No.78751 of 2018(2) dt.07-01-2019 2/2 Kumar Singh has already been granted bail by a co-ordinate bench of this Court vide order dated 21.12.2018 in Criminal Miscellaneous No. 77245 of 2018. Petitioners have got no criminal antecedent and are in custody since 15.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Patliputra P.S. Case No. 488 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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

(3) If the petitioners tamper 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 petitioners. (S. Kumar, J) ranjan/- U