Rudal Paswan And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.1064 of 2016 (3) dt.19-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1064 of 2016 Arising Out of PS.Case No. -87 Year- 2005 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rudal Paswan, Son of Sri Paswan, resident of village- Padumker, P.S.- Patahi, District- East Champaran
2. Mohan Paswan, son of Late Amichand Paswan resident of villageDumari Baiju, P.S.- Patahi, District- East Champaran
3. Ram Sharup Mahto, son of Laet Badri Mahto, resident of village- Dumari Baiju, P.S.- Patahi, District- East Champaran
4. Mahesh Mahto son of Late Saryug Mahto, resident of village- Baraka Balua, P.S.- Patahi, District- East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Rina Sinha(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Madhuban P.S. Case No. 87 of 2005 registered under Sections 396, 307, 436 and 353(A) of the Indian Penal Code, Section 27 of the Arms Act, Sections 3⁄4 of the Explosive Substance Act and Section 17 of the Criminal Law Amendment Act. Learned counsel for the petitioner submits that after lapse of 8 years of the occurrence, these petitioners have been remanded in this case mere on suspicion. Thereafter, confessional statement of the petitioners was recorded showing their
Patna High Court Cr.Misc. No.1064 of 2016 (3) dt.19-02-2016 involvement in the present case except that there is nothing against them. It is further submitted that char-sheet has already been submitted in the present case. It is further submitted that petitioners have accused in six other cases, but in all six cases, they are on bail and are in custody since 09.10.2015. Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 4th Additional Sessions Judge, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 87 of 2005.
Out of two sureties, one surety must be the close relative of the petitioners, who will file an affidavit showing their relation with the petitioners and further the petitioner sshall remain present on each and every date during the course of the trial in the court below. If the petitioners fail to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to cancel their bail bonds.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T