Devendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23827 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.
Devendra Paswan S/o Late Dukhi Paswan R/o village- Maghara Sarai, P.S.- Deepnagar, District- Nalanda 2.
Pappu Paswan S/o Late Billu Paswan @ late Dillu Paswan R/o villageMaghara, P.S.- Deepnagar, District- Nalanda 3.
Anil Paswan S/o Late Darogi Paswan R/o village- Maghara, P.S.- Deepnagar, District- Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-04-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in connection with Deepnagar P.S. Case No. 7/2019 registered under Sections 147, 148, 149, 342, 323, 427, 354(B), 307 and 302 of the Indian Penal Code.
300 to 400 persons armed with lathi, fatta etc. intruded into the house of informant and started assaulting the family members of the informant dragging them out of the house inflicting injury to the informant and his nephew Ajay
Patna High Court CR. MISC. No.23827 of 2019(2) dt.12-04-2019 2/3 Malakar @ Sanni Malakar. They tore attire of his daughter. Ajay Malakar succumbed to his injuries during course of treatment. It is submitted by learned counsel for the petitioners that petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case. Petitioners are not named in the F.I.R. Allegation levelled against the petitioners is not specific rather general and omnibus in nature. A murder of the villager of the petitioners was committed by the prosecution party, for which Deepnagar P.S. Case No. 5/2019 was lodged against the prosecution party and to save their skin from the said case, the informant has lodged this case implicating all the villagers in the occurrence.
Petitioners have no criminal antecedent and have been languishing in custody since 05.01.2019. Similarly situated co-accused have been granted bail by a Coordinate Bench of this court vide order dated 05.04.2019 passed in Cr. Misc. No. 21348/2019. On the other hand, learned A.P.P. opposed the bail prayer of the petitioner.
In the facts and circumstances of the case, the above named petitioners are directed to be enlarged 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 the learned
Patna High Court CR. MISC. No.23827 of 2019(2) dt.12-04-2019 3/3 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 7/2019.
(Prakash Chandra Jaiswal, J) vinita/- U T