Nanhak Paswan @ Nanki Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8737 of 2019 Arising Out of PS. Case No.-113 Year-2012 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Nanhak Paswan @ Nanki Paswan, Son of Jaddu Bhagat @ Jaddu Paswan @ Jattu Bhagat 2.

Ravindra Paswan, Son of Late Nathu Paswan 3.

Nagina Paswan, Son of Late Phool Chand Paswan @ Phool Chand Bhagat 4.

Laxmi Paswan @ Lakshmi Paswan, son of Late Phool Chand Paswan @ Phoolchand Bhagat All residents of village- Bhairopur, P.S. - Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanchay Srivastava For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149, 452, 323 and 302 of the Indian Penal Code.

Other petitioenrs have already been allowed bail vide order dated 19.02.2019.

For hearing the bail matter of petitioner no. 2 Ravindra Paswan, case diary was called for by the said order. Allegation against petitioner no. 2 Ravindra Paswan is that he burned the husband of the informant to death. Submission is that petitioner no. 2 is in custody since

Patna High Court CR. MISC. No.8737 of 2019(6) dt.02-05-2019 2/2 26.10.2018. The occurrence allegedly took place on 22.04.2012 and FIR was lodged on 24.05.2012 and there is no explanation for such delay information to the police. Some other co-accused faced trial which resulted in acquittal.

Considering the facts of this case aforesaid especially delay in information to the police which creates doubt on the prosecution allegation, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bidupur Police Station Case No. 113 of 2012, with the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below having immovable property.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Rajan/- U T