Patna High Court - Orders
Birendra Paswan vs The State Of Bihar on 2 March, 2020
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6114 of 2020
Arising Out of PS. Case No.-202 Year-2019 Thana- LALGANJ District- Vaishali
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1. BIRENDRA PASWAN Son of Ganni Nath Paswan Resident of Village-
Etwarpur Shisola, Ward No. 10 (Manikpur Pakri), P.S.- Lalganj, District-
Vaishali (Hajipur).
2. Parmeshwar Paswan Son of Nandipat Paswan Resident of Village- Etwarpur
Shisola, Ward No. 10 (Manikpur Pakri), P.S.- Lalganj, District- Vaishali
(Hajipur).
3. Sudama Kumar @ Sudama Paswan Son of Raghunath Paswan Resident of
Village- Etwarpur Shisola, Ward No. 10 (Manikpur Pakri), P.S.- Lalganj,
District- Vaishali (Hajipur).
4. Laxuman Paswan Son of Jagarnath Paswan Resident of Village- Etwarpur
Shisola, Ward No. 10 (Manikpur Pakri), P.S.- Lalganj, District- Vaishali
(Hajipur).
5. Sanjeet Sahani Son of Ramji Paswan @ Ramji Sahani Resident of Village-
Etwarpur Shisola, Ward No. 10 (Manikpur Pakri), P.S.- Lalganj, District-
Vaishali (Hajipur).
6. Raju Sahani Son of Chhtu Sahani Resident of Village- Etwarpur Shisola,
Ward No. 10 (Manikpur Pakri), P.S.- Lalganj, District- Vaishali (Hajipur).
7. Rahul Kumar @ Rahul Paswan Son of Gariban Paswan @ Garib Nath
Paswan Resident of Village- Etwarpur Shisola, Ward No. 10 (Manikpur
Pakri), P.S.- Lalganj, District- Vaishali (Hajipur).
8. Ranjan Kumar @ Ranjan Paswan Son of Gariban Paswan @ Garib Nath
Paswan underguardianship of his father, Gariban Paswan @ Garib Nath
Paswan, Resident of Village- Etwarpur Shisola, Ward No. 10 (Manikpur
Pakri), P.S.- Lalganj, District- Vaishali (Hajipur).
9. Bhutkun Paswan @ Vishwanath Paswan Son of Naga Paswan Resident of
Village- Etwarpur Shisola, Ward No. 10 (Manikpur Pakri), P.S.- Lalganj,
District- Vaishali (Hajipur).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Shivendra Kumar Sinha
For the Opposite Party/s : Ms.Renu Kumari
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
2 02-03-2020Heard learned counsel for the petitioners and learned APP for the State.
Patna High Court CR. MISC. No.6114 of 2020(2) dt.02-03-2020 2/3
2. The petitioner apprehend their arrest for the offences alleged under Sections 147, 149, 385, 379, 427 and 504 ipc registered in connection with Lalganj P.S. Case No.202/2019.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of protest made by the petitioners in the matter of implementation of Jal-Nal Project. It is submitted that the offences under Section 385 of the Indian Penal Code is bailable. It is further submitted that the disputes between the parties have since been compromised in terms of joint petition filed before the learned Court below (Annexure-2). The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM, Vaishali at Hajipur in connection with Lalganj P.S. Case No.202/2019, 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 petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for Patna High Court CR. MISC. No.6114 of 2020(2) dt.02-03-2020 3/3 cancellation of bail.
iv. The petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Chandran/-
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