Patna High CourtCR. MISC./3071/2017bail granted

Lal Babu Paswan v. The State Of Bihar

2017-02-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3071 of 2017 Arising Out of PS.Case No. -134 Year- 2014 Thana -MADANPURA District- AURANGABAD ====================================================== Lal Babu Paswan, S/o Ram Prasad Paswan, R/o village - Aajan, P.S.- Madanpur, Distt. - Aurangabad .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjit Kumar, Advocate For the Opposite Party : Mr. Braj Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 323, 353 and 427 of Indian Penal Code and Section 14 of C.L. Act.

It is alleged that on 19.07.2014 while the commandant of 205 Vahini along with other police personnel was proceeding towards Aajan village, the mob surrounded the police party and started hurling stone. The commandant tried to pacify the mob but they continued throwing brick bats and also assaulting with lathi. The commandant was anyhow saved. The First Information Report is against unknown. From the written report itself, it appears that petitioner was remanded in this case from

Patna High Court Cr.Misc. No.3071 of 2017 (2) dt.06-02-2017 2/2 Madanpur P.S. Case No. 72 of 2016.

It has been submitted on behalf of the petitioner that this petitioner has been enlarged on bail in the aforesaid Madanpur P.S. Case No. 72 of 2016. In this manner, the petitioner is not named in the written report and from the impugned order of the Sessions Judge also it appears that he has been arrested merely on suspicion on the confessional statement of other co-accused. He is in custody since 29.09.2016.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, in connection with Madanpur P.S. Case No. 134 of 2014, subject to the condition that both the bailors will be the close relative of the petitioner. (Sanjay Priya, J.) ravi/- U T