Dasrath Paswan @ Dashrath Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23333 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== 1.
Dasrath Paswan @ Dashrath Paswan S/o Late Dalgir Paswan Resident of Village-Sakinan, Mokhlisa, Police Station-Koilwar, District-Bhojpur. 2.
Arjun Ram Son of Dasrath Paswan @ Dashrath Paswan Resident of VillageSakinan, Mokhlisa, Police Station-Koilwar, District-Bhojpur. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-09-2020 Filing through email of the present application has been accepted in view of the out-break of COVID-19 Pandemic and has been posted before me for hearing through video conferencing.
The application is apparently not in accordance with the provisions prescribed under the Patna High Court Rules, which do not contemplate filing of application through email. Inspite of that, considering the extra-ordinary situation, filing of the present application has been allowed through email. Considering the situation prevailing, the Court has considered, for the present, to ignore the deficiency in filing of the application.
Heard learned counsel for the petitioners and learned
2/3 counsel for the State.
The petitioners seek bail in connection with Koilwar P.S. Case No. 26 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 307, 302 and 504 of the Indian Penal Code.
Considering that co-accused Sheo Suresh Ram, Bimal Ram, Sukh Lal Ram, Kishun Kumar and Bihari Paswan having identical allegation to that of the petitioners have been granted bail by the court below vide order dated 09.06.2020 passed in B.P. No. 974 of 2020 and co-accused Mukesh Kumar, Umesh Ram, Nirmal Ram, Surendra Ram, Shatrohan Paswan @ Satohan Paswan, Papu Ram, Matukan Paswan and Arvind Kumar have been granted bail by the court below vide order dated 23.06.2020 passed in B.P. No. 1217 of 2020, the petitioners, who are in custody since 28.01.2020, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Koilwar P.S. Case No. 26 of 2020.
Since the court proceedings are being conducted through virtual mode and normal court functioning has not been
3/3 restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my email by the Sr.
Secretary.
(ii) The corrected copy of the order shall be transmitted by me from my email id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.
(iv) Let a copy of the order be sent to Mr. Anil Kumar, learned counsel for the petitioner also on his email. (v) Let steps be taken by the Sr. Secretary/registry for up- loading of the present order without compromising with the norms of social distancing.
rohit/- (Ashwani Kumar Singh, J) U T