Dharmendra Paswan @ Dharmveer Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15345 of 2015 Arising Out of PS.Case No. -149 Year- 2014 Thana -MOKAMA District- PATNA ====================================================== Sandhir Kumar @ Samir Kumar @ Sudhir Kumar @ Sandhir Yadav @ Samir Yadav, son of late Kishori Yadav, Resident of village- Gosai Gown, P.S Ghoswari, District Patna.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.20990 of 2015 Arising Out of PS.Case No. -149 Year- 2014 Thana -MOKAMA District- PATNA ====================================================== Mantosh Kumar @ Subodh Kumar, Son of Paras Ram, resident of village - Panchmahala, P.S. Mokma, District - Patna .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.16208 of 2015 Arising Out of PS.Case No. -149 Year- 2014 Thana -MOKAMA District- PATNA ====================================================== Dharmendra Paswan @ Dharmveer Paswan, son of late Gyani Paswan, resident of village- Gosai Gaon, P.S.- Ghoshwari, District- Patna .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.17135 of 2015 Arising Out of PS.Case No. -149 Year- 2014 Thana -MOKAMA District- PATNA ====================================================== Uchit Paswan, Son of late Biranchi Paswan, resident of village Gosaigaon, P.S. Goshwari, District Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

Patna High Court Cr.Misc. No.15345 of 2015 (2) dt.03-06-2015 2/3 (In Cr.Misc. No.15345 of 2015) For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Binod Kumar(App) (In Cr.Misc. No.20990 of 2015) For the Petitioner/s : Mr. Gouranga Chatterjee, Advocate For the Opposite Party/s : Mr. Anil Kr. Singh No.1 (App) (In Cr.Misc. No.16208 of 2015) For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ram Chandra Singh(App) (In Cr.Misc. No.17135 of 2015) For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-06-2015 A supplementary affidavit has been filed in Cr. Misc. No.15345/2015. Let it be kept on the record.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

All these applications arise out of Mokama P.S. Case No.149/2014 registered for the offence punishable under Sections 392 of the Indian Penal Code, as such, they have been heard together and are being disposed of by this common order. The allegation is that the accused looted Maushmi fruits from a Bolero pick up van at the point of firearms. It is submitted that the FIR was lodged against unknown. During investigation, name of the petitioners has appeared in the confessional statement of the co-accused. No T.I.P. has been held. No incriminating article has been recovered from their possession. However, after investigation, charge sheet has already been submitted. In similar facts and circumstances, the co-accused Sunil Kumar @ Salo Yadav has been granted bail vide Cr. Misc.

Patna High Court Cr.Misc. No.15345 of 2015 (2) dt.03-06-2015 3/3 No.8285/2015.

The learned counsel for the State submits that the petitioners have criminal antecedents of similar nature. Considering the facts and circumstances of the case, let the above-named petitioners be released on bail on furnishing bail bonds of Rs.10,000/-each with two sureties of the like amount each to the satisfaction of Sri Ashutosh Kumar, Judicial Magistrate, 1st Class, Barh, Patna/court concerned in Mokama P.S. Case No.149/2014 after framing of charge with the following conditions :

1.

One of the bailors will be the close relative of the petitioners.

2.

The petitioners will not indulge in similar or in any other offence.

3.

The petitioners will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T