Ram Pravesh Paswan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.31469 of 2015 (3) dt.29-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31469 of 2015 Arising Out of PS.Case No. -29 Year- 2015 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Ram Pravesh Paswan Son of Debu Paswan, null

2. Dinesh Paswan, Son of Debu Paswan,

3. Amarjeet Paswan, Son of Dinesh Paswan,

4. Sudhir Kumar Paswan @ Sudhir Paswan, Son of Natho Paswan, All Residents of Village - Dath, Police Station - Hasanpur, District - Samastipur.

5. Binod Paswan Son of Jai Prakash Paswan,

6. Saonth Paswan, Son of Jai Prakash Paswan, Both Resident of Village - Kolhatta, Police Station - Rosera, District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Sanjay Kumar Singh For the Opposite Party/s : Mr. Chandra Bhushan Prasad (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in Hassanpur P.S. case no. 29 of 2015 registered under sections 364, 302/34, 120(B) of the Indian penal Code. Earlier case diary was called for in this case which has been received. Learned counsel for the petitioners submits that save and except the allegation that the petitioners had taken the husband of the informant to Ambala for giving some employment, there is no other cogent material in the entire case diary so as to prove the aforementioned charge.

Patna High Court Cr.Misc. No.31469 of 2015 (3) dt.29-10-2015 Learned counsel for the State after perusal of the case diary submits that no other evidence is available in the case diary so as to implicate the petitioners. The statement of the witness recorded in paragraph 31 and 35 of the case diary does not support the prosecution case.

Considering the aforementioned facts and circumstances and the fact that the petitioners have no criminal antecedents, let the above named petitioners in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri D.K. Bhaskar, J.M. Ist class, Samastipur in Hassanpur P.S. Case no. 29 of 2015, subject to the conditions as laid down under section 438(20 Cr.P.C.

(Anjana Mishra, J) M.Rahman/- U T