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Patna High CourtCR. MISC./42293/2018disposed

Bali Paswan And ANR v. The State Of Bihar

2018-07-13Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42293 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- NABINAGAR District- Aurangabad ======================================================

1. Bali Paswan, S/o Ramji Paswan,

2. Manish Kumar S/o Bali Paswan, Both R/o Vill.- Badha Dabur, P.S.- Nabinagar, DistrictAurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-07-2018 Heard learned counsels for the petitioners and the State. The petitioners, already in custody, seek bail in connection with Nabinagar Town P.S.Case No. 47 of 2018 registered under Sections 147, 148, 149, 307, 323, 324, 325, 332, 333, 353, 354, 379, 341, 427, 435 and 504 of the Indian penal Code.

Allegation in brief is that large number of people, on account of death of person in a road accident, indulged in blocking road and assaulted many police personnel while turning up for controlling the situation and it is alleged that one SLR riffle of SAP constable was snatched away by Dhananjay Singh and Bhola Sao and during investigation looted SLR riffle of the SAP constable was recovered from the house of petitioner no. 1, Bali Paswan.

Patna High Court Cr.Misc. No.42293 of 2018(2) dt.13-07-2018 2/2 Submission is that allegation of looting the SLR is not against these petitioners rather it is against Dhananjay Singh and Bhola Sao and accused Bhola Sao has been admitted to bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 36193 of 2018 and there is no specific allegation against petitioner no. 2 Manish and he is son of Bali Paswan, petitioner no. 1. Whereas learned counsel for the State submits that SLR was recovered from the house of the petitioner no. 1. Having considered the recovery of the looted SLR of the SAP Constable from the house of Bali Paswan, petitioner no. 1, his prayer of bail presently is rejected.

So far as petitioner no. 2, namely, Manish Kumar is concerned, he is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Nabinagar P.S. Case No. 47 of 2018. (Arun Kumar, J) sujit/- U T