Arjun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76833 of 2019 Arising Out of PS. Case No.-901 Year-2019 Thana- NAWADA District- Nawada ====================================================== 1.

Arjun Paswan Son of Late Mahabi Paswan 2.

Chandan Paswan Son of Arjun Paswan Both are residents of Village-Kharidi Bigha, P.S.-Nawada Town, DistrictNawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 504, 506 and 354(B) of the Indian Penal Code.

The prosecution case, in brief, is that on 21.07.2019 at about 03:00 PM, the informant along with his wife was putting brick near his door in the meantime the present petitioners came there and started abusing and caught his wife with bad intention and after that Arjun Paswan assaulted his wife and torn her blouse.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in this case due to

Patna High Court CR. MISC. No.76833 of 2019(2) dt.14-02-2020 2/3 dispute of naali and road situated near house of the petitioners. It has further submitted that in fact compromise petition has already been filed by both the parties before court below in which the victim has denied all the allegation against the petitioners. It has further submitted that no incriminating material has been recovered from the conscious possession of the petitioners and no offence is made out against the petitioners. The petitioners have no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail 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 Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 901 of 2019, on the following conditions:-

(1) 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

Patna High Court CR. MISC. No.76833 of 2019(2) dt.14-02-2020 3/3 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.

(Prabhat Kumar Singh, J) S.Katyayan/- U T