Beni Paswan And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.32986 of 2017 (2) dt.20-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32986 of 2017 Arising Out of PS.Case No. -220 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================
1. Beni Paswan, Son of Late Saukhi Paswan.
2. Uttam Paswan, Son of Late Chandeshwar Paswan. Both are Resident of Village- Maksudpur Taj, P.S.- Mahua, District- Vaishali.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Abhay Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody since 27.04.2017 in connection with Mahua P.S. Case No. 220 of 2016 for the offences alleged under Sections 147, 148, 149, 302, 307, 337, 338, 427 and 342 of the Indian Penal Code.
3. It is submitted that the petitioners have been falsely implicated and the accusations have been made against as many as 17 persons including the petitioners as named in the F.I.R. Similarly situated co-accused Chandan Paswan, Ajay Paswan and Pintu Paswan have been granted anticipatory bail by this Court in Cr. Misc. No. 3010 of 2017, Cr. Misc. No. 52630 of 2016 and Cr. Misc. No. 2289 of 2017 respectively, while other co-accused Umesh Paswan, Santu Paswan and Kailash Paswan have also been granted bail by this Court in Cr. Misc. No. 16297 of 2017 and Cr. Misc. No. 36011 of 2016 respectively.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above
Patna High Court Cr.Misc. No.32986 of 2017 (2) dt.20-07-2017 named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 220 of 2016, on the following conditions:- (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) Md. Ibrarul/BT U T