Ramdeo Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26821 of 2017 Arising Out of PS.Case No. -244 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Ramdeo Paswan, son of late Baidyanath Paswan,

2. Jaldhar Paswan, Son of Bhuneshwar Paswan. Both Resident of VillageBakharpur, Police Station- Pirpaity, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sri Shyam Kumar Singh For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 Heard the parties.

The petitioners seek regular bail in connection with Pirpaity P.S.Case No.244/2015, registered for offences punishable under Sections 302 and 34 of the Indian Penal Code. The petitioners are named in the F.I.R., however, it appears from perusal of the F.I.R. that specific allegation of assault is against the other co-accused persons. The case is under Section 302 of the I.P.C.

Submission of the learned counsel for the petitioners is that except that he was a member of the mob, there is nothing against them and they are in custody for about six months. It is also submitted that some other co-accused persons were abusing in public and which was protested by the deceased.

Patna High Court Cr.Misc. No.26821 of 2017 (2) dt.11-07-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XIth, Bhagalpur in connection with Pirpaity P.S.Case No.244 of 2015. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T