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Patna High CourtCR. MISC./50181/2016bail granted

Pintu Paswan @ Pintu Kumar And ANR v. The State Of Bihar

2016-11-23Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50181 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -NARARI KALA KHURD DistrictAURANGABAD ======================================================

1. Pintu Paswan @ Pintu Kumar

2. Vikky Kumar Paswan of Ramjee Paswan, Both resident of villageRaghunathpur, P.S.-Badem ( nabinagar), Distgrict- Aurangabad ( Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari, Advocate For the Opposite Party/s : Sri Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-11-2016 Heard the learned counsel for the petitioners and the learned APP for the State.

Petitioners are languishing in custody since 04.06.2016 in a case registered for offence alleged under Sections 147, 148, 149, 228, 323, 324, 326, 337, 338, 307, 395, 427, 504, 506, 120B of the Indian Penal Code, 27 of the Arms Act and 25 (1-b)a/ 26 and 35 of the Arms Act and under Section 3 of the Prevention of Damage of Public Property Act.

The prosecution case is that there was some dispute between the management of N.T.P.C. and workers of the aforesaid company and while the petitioners and others were on protest, the management of the aforesaid company called the police and when police arrested two workers the petitioners along with other named accused and other workers assaulted the police personnel.

Patna High Court Cr.Misc. No.50181 of 2016 (2) dt.23-11-2016 2/2 It has been submitted by the learned counsel for the petitioners that the police have implicated them in this false case as well as some other cases.

Learned counsel for the petitioners submits that there was a large number of workers, who had assembled as there was some dispute between NTPC and workers and some of the persons, named in the F.I.R. has already been granted the privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 34328 of 2016 dated 20.08. 2016 and in Cr. Misc. No. 37257 of 2016 dated 06.09.2016.

Learned A.P.P. for the State submits that the petitioners are named in the F.I.R., hence, opposes the prayer for bail.

Be that as it may that since similarly situated coaccused have already been granted privilege of bail, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Narari Kala Khurd P.S.Case No. 16 of 2016.

(Nilu Agrawal, J) Sudha/- U T