Ayodhaya Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40182 of 2014 Arising Out of PS.Case No. -33 Year- 2014 Thana -AKORHI GOLA District- SASARAM (ROHTAS) ====================================================== Wakil Paswan son of Late Dudh Nath Paswan, resident of Village Kaithi, P.S. Akorhi Gola, District Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42251 of 2014 Arising Out of PS.Case No. -33 Year- 2014 Thana - AKORHI GOLA District- SASARAM (ROHTAS) ======================================================
1. Suresh Paswan
2. Dinbandhu Paswan @ Dinbandhu
3. Surendra Paswan Sons of Deomuni Paswan All are resident of Village - Kaithi, P.S. - Akorhigola, District - Rohtas. .... .... Petitioner/s
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The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.47073 of 2014 Arising Out of PS.Case No. -33 Year- 2014 Thana - AKORHI GOLA District- SASARAM (ROHTAS) ======================================================
1. Ayodhaya Paswan son of Brij Nandan Paswan
2. Hansraj Paswan @ Hansraj son of Guljar Paswan
3. Badelal Paswan @ Barelal Paswan son of Balkisun Paswan
4. Mahendra Paswan son of Jamuna Paswan All are resident vill. - Kaithi, P.O. Tetradh, P.S. Akorhi Gola, District - Rohtas ( Sasaram ) .... .... Petitioner/s
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The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42512 of 2014 Arising Out of PS.Case No. -33 Year- 2014 Thana - AKORHI GOLA District- SASARAM (ROHTAS) ====================================================== Deomuni Paswan S/o Late Ram Dayal Paswan village - Kaithi, P.S. -
Akorhi Gola, District- Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 21-01-2015 Heard learned counsel for the parties.
The petitioners in all these cases are facing prosecution for the offences punishable under Sections-147, 148, 149, 323, 504 and 302/34 of the Indian Penal Code. Learned counsel for the petitioners submit that there is general and omnibus allegation against the petitioners to have assaulted the deceased in group of twenty two persons. It has been submitted that the trial Court itself has granted bail to similarly situated accused persons namely, Pintu Paswan, Jiut Paswan and Parsu Paswan by order dated 11.09.2014, passed in Bail Petition No. 610 of 2014 but the same privilege has not been given to these petitioners. Learned counsel for the State is not in a position to controvert the aforementioned submission as with regard to similarity of the cases of the petitioners with the aforesaid three accused persons.
That being so, this Court would direct that the petitioners namely, Wakil Paswan, Suresh Paswan, Dinbandu Paswan @ Dinbandhu, Surendra Paswan, Ayodhaya Paswan, Hansraj Paswan @ Hansraj, Badelal Paswan @ Barelal Paswan, Mahendra Paswan and Deomuni Paswan are directed to be released on bail furnishing bail bond each of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VIIth, Rothas at Sasaram in connection with S.Tr. No. 491 of 2014 arising out of Akorhi Gola, P.S. Case No. 33 of 2014 , subject to the following conditions:- (i) That both the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the bailors shall also state on affidavit that they will inform the Court concerned if
the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of their bail on the ground of misuse.
(iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse.
(iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U