Gorelal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 32910 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

GORELAL PASWAN, aged about 22 years (male) Son of Premchand Paswan Resident of Village - Maghra, P.S.- Deep Nagar, Dist.- Nalanda. 2.

Tufan Paswan, aged about 25 years (male), Son of Bijli Paswan Resident of Village - Maghra, P.S.- Deep Nagar, Dist.- Nalanda. 3.

Umesh Paswan, aged about 42 years (male), Son of Jalim Paswan @ Chinauti Paswan Resident of Village - Maghra, P.S.- Deep Nagar, Dist.- Nalanda.

4.

Bhosu Paswan, aged about 36 years (male), Son of Dhuri Paswan Resident of Village - Maghra, P.S.- Deep Nagar, Dist.- Nalanda. 5.

Balmiki Paswan, aged about 24 years (male) Son of Brichh Paswan Resident of Village - Maghra, P.S.- Deep Nagar, Dist.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-08-2019 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners are accused in a case registered under Sections 147, 148, 149, 342, 323, 427, 354B, 307, 302 of Indian Penal Code.

Prosecution case is of 300 to 400 people entering the house of the nephew of the informant and assaulting all the family members. Petitioners are said to be amongst the mob. Their names appear amongst the 51 named persons. Though

Patna High Court CR. MISC. No.32910 of 2019(3) dt.17-08-2019 2/3 there is some criminal antecedent of the petitioners but, in the instant case, many other co-accused, having similar allegations, have been allowed bail by this Court in Cr Misc No 34808 of 2019, Cr Misc No 21348 of 2019, Cr Misc No 23827 of 2017, Cr Misc No 27933 of 2019. Learned counsel for the petitioners has also submitted that no specific allegation is made against the petitioners.

Learned APP for the State, on the other hand, submitted that petitioners were member of the unlawful assembly and had damaged public property.

Considering the aforesaid submission, petitioners' prayer for bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in Deep Nagar Police Station Case No 7 of 2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

Patna High Court CR. MISC. No.32910 of 2019(3) dt.17-08-2019 3/3

(2) That the petitioners will be well represented on each date and if they fails to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U