Rajesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19850 of 2019 Arising Out of PS. Case No.-301 Year-2018 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.
RAJESH PASWAN, aged about 23 years, (M) Son of Siyalal Paswan, Resident of village- Pratappur, P.S.- Shambhuganj, District- Banka. 2.
Ranjan Paswan, aged about 21 years, (M) Son of Siyalal Paswan, Resident of village- Pratappur, P.S.- Shambhuganj, District- Banka. 3.
Guddu Paswan, aged about 30 years, (M) Son of Siyalal Paswan, Resident of village- Pratappur, P.S.- Shambhuganj, District- Banka. 4.
Muso Paswan, aged about 60 years, (M) Son of Late Sukdeo Paswan, Resident of village- Pratappur, P.S.- Shambhuganj, District- Banka. 5.
Sagar Paswan, aged about 30 years, (M) Son of Kampani Paswan, Resident of village- Pratappur, P.S.- Shambhuganj, District- Banka. 6.
Santosh Paswan, aged about 24 years, (M) Son of Rahendra Paswan, Resident of village- Pratappur, P.S.- Shambhuganj, District- Banka. 7.
Mantu Paswan @ Manut Paswan, aged about 21 years, (M) Son of Pulish Paswan, Resident of village- Pratappur, P.S.- Shambhuganj, District- Banka. 8.
Antu Paswan, aged about 20 years, (M) Son of Siyalal Paswan, Resident of village- Pratappur, P.S.- Shambhuganj, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the parties.
Petitioners, who are in custody, seek bail registered for the offences punishable under Sections 147, 148, 341, 323, 307, 504 and 506 of the Indian Penal Code.
Informant has alleged in his written complaint that on 23.12.2018 while he was returning to his home after
Patna High Court CR. MISC. No.19850 of 2019(2) dt.02-04-2019 2/3 finishing his work at 5:00 P.M., sixteen FIR named accused started abusing and assaulting him.
It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Allegation against petitioners are general and omnibus in nature. The injury report which has been enclosed as Annexure2 in which injuries are simple in nature. Petitioners have got no criminal antecedent and are in custody since 24.12.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Shambhuganj P.S. Case No. 301 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on
Patna High Court CR. MISC. No.19850 of 2019(2) dt.02-04-2019 3/3 two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) manoj/- U T