Harendra Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40719 of 2017 Arising Out of PS.Case No. -1 Year- 2005 Thana -PIPRA District- PATNA ======================================================
1. Harendra Paswan
2. Bijendra Paswan,
3. Nagendra Paswan, All Sons of Rajdeo Paswan, All are R/o VillageDeokuli, P.S.- Pipra, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2018 Heard the counsels for the parties.
The petitioners seek bail in connection with Sessions Trial No. 230(A) of 2008, arising out of Pipra P.S. Case No. 1 of 2005 dated 02.01.2005 instituted for the offences under Sections 147, 148, 149, 302, 120B of the Indian Penal Code as well as Section 27 of the Arms Act.
The informant of this case has alleged that while his father was busy carrying reaped crops, he was surrounded by around 15-16 persons and about four named accused persons viz. Brind Singh, Lathi Singh, Sudhir Singh and Gorakh Paswan fired from their weapons, killing the deceased. Though the petitioners have been named in the F.I.R but no specific overt act has been
Patna High Court Cr.Misc. No.40719 of 2017 (4) dt.04-01-2018 2/2 attributed against them. The cause of occurrence is stated to be old enmity. Later, two others viz. Rajdeo Singh and Yogendra Singh were also alleged to have resorted to firing. Prior to the occurrence, it has been alleged that Rajdeo Paswan, Bechni Devi and her daughter-in-law Lalti Devi had been giving information about the deceased and the informant to the accused persons. Learned counsel for the petitioners has submitted that only because the petitioners happen to be the co-villagers, they have been named in the F.I.R. The petitioners are in custody since 20.02.2017 and they bear no criminal antecedent. For the facts aforestated, this Court is inclined to grant bail to the petitioners.
The petitioners, above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Masaurhi in connection with Sessions Trial No. 230(A) of 2008, arising out of Pipra P.S. Case No. 1 of 2005. (Ashutosh Kumar, J) Shageer/- U T