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Patna High CourtCR. MISC./56067/2017bail granted

Laddu Paswan And ANR v. The State Of Bihar

2017-12-13Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56067 of 2017 Arising Out of PS.Case No. -132 Year- 2015 Thana -HAJIPUR SADAR District- VAISHALI(HAJIPUR) ======================================================

1. Laddu Paswan, Son of Jail Kailash Paswan,

2. Govind Paswan, Son of Jai Kailash Paswan, Both are resident of Village- Senauari, Police Station- Hajipur Sadar, District- Vaishali. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ranjeet Kumar, Advocate For the Opposite Party : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for offence under sections 307, 302 and other allied sections of the IPC. FIR discloses that a mob of about 65/70 persons, variously armed, attacked the informant's house, looted away house hold articles and assaulted his son Sanjeev Kumar and took away him with themselves, whose dead body was recovered later on.

Counsel for the petitioners submits that the informant has named 27 persons in the FIR with specific allegation, though he has not named these petitioners. However, their name surfaced in the confessional statement of co-accused. Petitioners have no antecedent and they are in custody since 22.8.2017. Other similarly situated accused persons have already been allowed bail by this Court, details of which have been mentioned in paragraph 12 of the bail petition.

In the facts of the case, prayer for bail of the petitioners is

Patna High Court Cr.Misc. No.56067 of 2017 (2) dt.13-12-2017 allowed. Let both the petitioners, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Sadar Police Station Case no. 132 of 2015 on the following conditions:- (a) 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 them. The bailor will also undertake to inform the court if there is any change in the address of the petitioners. (b) The petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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