Bablu Paswan @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31158 of 2019 Arising Out of PS. Case No.-411 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.
BABLU PASWAN @ BABLU KUMAR, Gender- Male, aged about 27 years 2.
Sanam Kumar @ Singhal Paswan, Gender- Male, aged about 21 years Both are Son of Sat Narayan Paswan 3.
Surendra Paswan, Gender- Male, aged about 35 years, Son of Saheb Paswan 4.
Amawash Paswan, Gender- Male, aged about 28 years, Son of Mukha Paswan All are Residents of Village - Kirhindi, P.S.- Sheosagar, Distt - Rohtas. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. A. K. Thakur Mr.Shashank Shekhar, Advocates For the Opposite Party/s :
Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-08-2019 Heard learned counsel for the parties.
Petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code.
In the written report, it is alleged that on the date of occurrence the petitioner along with other accused persons as named in the written report armed with various weapons surrounded the father of informant and assaulted him by means of sword and other sharp-edge weapons, as a result of which, he died.
Patna High Court CR. MISC. No.31158 of 2019(3) dt.17-08-2019 2/3 It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Similarly, situated co-accused persons Satnarayan Paswan and Sonu Paswan have been granted bail by this Court vide order dated 29.05.2019 passed in Cr. Misc. No.28554 of 2019 and order dated 01.07.2019 passed in Cr. Misc. No.40155 of 2019 respectively. Petitioners are in custody since 29.01.2019. Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioners. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction court below where the case is pending in connection with Sheosagar P.S. Case No. 411 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case,
Patna High Court CR. MISC. No.31158 of 2019(3) dt.17-08-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Sanjay/- U T