Bindeshwari Paswan @ Dubey Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23967 of 2017 Arising Out of PS.Case No. -47 Year- 2013 Thana -KHUDWAN District- AURANGABAD ====================================================== Bindeshwari Paswan @ Dubey Jee S/o Jamuna Paswan R/o VillagePaharpur, P.O.-P.S.-Goh, District-Aurangabad (Bihar) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-06-2017 Heard learned counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Khudwan P.S. Case No.47 of 2013 registered under Sections 147, 148, 149, 427, 302 of the Indian Penal Code, Section 27 of the Arms Act, 3/4 of Dowry Prohibition Act, Section 17 of CLA, Act and 10/20 UPA Act. .

Allegation in brief is that the informant's husband and others were travelling in a vehicle and returning back to home and all persons in the vehicle were killed and it is alleged that the persons of naxellite group committed this occurrence and identified seven persons named in the F.I.R.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R.

Patna High Court Cr.Misc. No.23967 of 2017 (2) dt.15-06-2017 2/2 Except disclosure of name of the petitioner by a co-accused in his confessional statement, there is no material against him. Neither he was put on T.I.P. nor any incriminating material was recovered from his possession; even F.I.R. named accused Vijay Singh has been granted bail by a Co-ordinate Bench of this Court by order dated 4.3.2015 passed in Cr. Misc. No.51966 of 2014 and the case of the petitioner stands on similar footing.

Having considered the said facts and circumstances, the petitioner, namely, Bindeshwari Paswan @ Dubey Jee is directed to 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 C.J.M., Aurangabad (Bihar) in connection with Khudwan P.S. Case No.47 of 2013 with a condition that one of the bailors must be a family member and with further condition that he shall remain physically present during the course of trial on each and every date. On failure to appear on two consecutive dates without any reasonable cause, his bail bonds shall be cancelled. .

(Arun Kumar, J) N.H./- U T