Birju Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38055 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================
1. Baua Paswan Son of Suresh Paswan, resident of village- Mohanpur, P.S.- Salkhua, District- Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.53683 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================
1. Birju Paswan son of Suresh Paswan resident of village - Mohanpur, P.S. - Salkhua, District - Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.54092 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================
1. Bhakul Paswan @ Bhakholu Paswan Son of Suresh Paswan Resident of Village - Mohanpur, P.S. - Salkhua, District - Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.38055 of 2015) For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Rajeev Nayan (App) (In Cr.Misc. No.53683 of 2015) For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. U.S.P.Singh(App) (In Cr.Misc. No.54092 of 2015) For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. U.S.P.Singh(App) ======================================================
Patna High Court Cr.Misc. No.38055 of 2015 (4) dt.01-12-2015 2/3 CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-12-2015 All the above stated petitions are taken in- bloc as the said petitions arise out of same Salkhua P.S.Case No. 43 of 2015 registered under section 302 and other minor sections of the Indian Penal Code and accordingly, all the above stated petitions have been heard together and are being disposed of by this common order.
It would appear from the F.I.R that the allegation of assaulting the deceased is against co-accused Suresh Paswan as well petitioner in Cr. Misc. No.38055 of 2015 namely, Baua Paswan and so far as rest petitioners are concerned, there is an omnibus allegation of assaulting the deceased against them. Learned counsel appearing for the petitioners points out that one co-accused namely, Mohan Paswan having more or less similar allegation has already been granted privilege of bail. Considering the aforesaid fact and circumstances of the case, petitioner in Cr. Misc. No. 53683 of 2015 namely, Birju Paswan as well as in Cr. Misc. No.54092 of 2015 namely, Bhakul Paswan @ Bhakholu Paswan are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.38055 of 2015 (4) dt.01-12-2015 3/3 Saharsa in connection with Salkhua P.S.Case No. 43 of 2015. So far as petitioner in Cr. Misc. No.38055 of 2015 namely, Baua Paswan is concerned, his prayer for bail stands rejected.
(Hemant Kumar Srivastava, J) N.K/- U T