Yogendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26837 of 2019 Arising Out of PS. Case No.-131 Year-2018 Thana- JAMHOR District- Aurangabad ====================================================== 1.

Yogendra Paswan, aged about 40 years, Sex-Male, Son of Late Mahang Paswan, Resident of Village - Karhara, P.S.- Jamhor, Distt.- Aurangabad. 2.

Shakar Paswan @ Shankar Pasvan, aged about 55 years, Sex-Male, Son of Late Mahang Paswan, Resident of Village - Karhara, P.S.- Jamhor, Distt.- Aurangabad.

3.

Sugandha Paswan, aged about 35 years, Sex-Male, Son of Late Mahang Paswan, Resident of Village - Karhara, P.S.- Jamhor, Distt.- Aurangabad. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mrs. Rupa Kumari, Advocate.

For the Opposite Party :

Mr.Dashrath Mehta, A.P.P.

For the Informant : M/S. Dhirendra Nath Jha and Kapil Deo Pandey, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2019 Heard learned counsels for the petitioners, informant and learned A.P.P. for the State.

The petitioners are languishing in custody since 27.12.2018 in a case for the offence registered under Sections 147, 148, 149, 341, 323, 324, 325 and 302 of the I.P.C. The prosecution story, in brief, is that on 25.12.2018 at about 8.00 P.M., accused persons armed with Lathi, Danda, Bhala, Garasa came and entered into the house of the informant and assaulted the family members. They assaulted Jyoti Devi with Razor and she sustained injury on her head. The accused

Patna High Court CR. MISC. No.26837 of 2019(2) dt.24-04-2019 2/3 also assaulted the brother of the informant namely, Satyendra Paswan. They assaulted the informant too. When the father of the informant namely, Birju Paswan, came to save them, the accused assaulted him also and they crushed him on his chest and stomach, due to effect of which the father of the informant died.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. No overt act has been alleged against the petitioners. It is further submitted that the petitioners may be released on bail after completion of six months in custody. On behalf of the learned counsels for the State and informant, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail after completion of six months in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M.

Patna High Court CR. MISC. No.26837 of 2019(2) dt.24-04-2019 3/3 Aurangabad, in connection with Jamhor P.S. Case No. 131 of 2018, G.R. No. 2215 of 2018.

(Sudhir Singh, J) U.K./- U T