Joganan Paswan And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.5734 of 2016 (2) dt.16-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5734 of 2016 Arising Out of PS.Case No. -3 Year- 2015 Thana -KHAGARIA GRP CASE District- KHAGARIA ======================================================

1. Joganan Paswan, S/o Late Laharu Paswan, Resident of VillageNawtoliya, P.S.- Farbisganj, District- Araria.

2. Haren Paswan, S/o Late Bonu Paswan, Resident of Village- Idagah Dholbajja, P.S.- Farbisganj, District- Araria.

3. Dayanand Ram, S/o Bhutaku Ram, Resident of Village- Terahi Musahari, P.S.- Farbisganj, District- Araria.

4. Deelip Paswan, s/o Late Khikharu Paswan, Resident of Village- Terahi Musahari, P.S.- Farbisganj, District- Araria. .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2016 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners seek bail in connection with Rail Pratapganj Camp Raghopur P.S. Case No. 03 of 2015 registered for the offences punishable under Sections 414, 419, 420/34 of the Indian Penal Code.

Allegedly, the petitioners and some other were caught by the informant while they were making gold colour Gulli to cheat the passengers of the train.

Submission is that in this case other co-accused Abdul Khan, Iliyas @ Asraf, Naresh Paswan and Birendra Paswan

Patna High Court Cr.Misc. No.5734 of 2016 (2) dt.16-02-2016 have already been allowed bail by another Bench of this Court vide order dated 21.01.2016 passed in Cr. Misc. No. 1826 of 2016 and as such the petitioners also deserve sympathetic consideration to which the learned APP does not dispute.

In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Khagaria in connection with Rail P.S. Pratapganj Camp Raghopur P.S. Case No. 03 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T