Ram Dayal Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62858 of 2018 Arising Out of PS. Case No.-206 Year-2016 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Ram Dayal Paswan, S/o Late Lalan Paswan, Resident of Vilage- Purvee Bilaspur, P.S.- Hayaghat, Dist.- Darbhanga. At present Ahar Musharitola, P.S.- A.P.M, Dist.- Darbhanga.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sanjeev Kumar Paswan, S/o Rampreet Paswan, Resident of VillageSagarpur, P.S.- Sakri, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the State :

Mr. Awdhesh Kumar Singh (APP) For the Complainant :

Mr. Vinay Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with T.R. No. 2614 of 2018 arising out of C.R. No. 206 of 2016 registered for the offence punishable under Sections 420, 323, 504, and 506 of the Indian Penal Code. Allegation against the petitioner is that he had taken Rs. 3 lacs from the informant on the assurance of providing job and when the informant could not get job he demanded the money back from the petitioner, he gave a cheque of Rs. 3 lacs which was not accepted by the bank and again when the

Patna High Court Cr.Misc. No.62858 of 2018(3) dt.30-10-2018 2/3 informant demanded money from the petitioner, he was assaulted and abused by him and also threatened of dire consequence.

It has been submitted on behalf of the petitioner that he is ready to repay the cheque amount in three equal installments of Rs. one lac each at the intervals of six months after his release. Petitioner has no criminal antecedent and he is in custody since 03.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Darbhanga, in connection with T.R. No. 2614 of 2018 arising out of C.R. No. 206 of 2016 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers 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 petitioner.

(4) As undertaken by petitioner he has to refund Rs. 3 lacs to informant to be

Patna High Court Cr.Misc. No.62858 of 2018(3) dt.30-10-2018 3/3 paid in 3 installments after each six months after release failing which his bail bond will be cancelled.

(S. Kumar, J) veena/- U T