Lakhan Deo Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67598 of 2018 Arising Out of PS. Case No.-116 Year-2013 Thana- DAUDNAGAR District- Aurangabad ======================================================

1. Lakhan Deo Paswan, Son of Late Harihar Paswan,

2. Kameshwar Paswan, Son of Lakhan Deo Paswan, Both resident of Village- Nawada, Post- Kanap, P.S.- Daudnagar, DistrictAurangabad ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shakib Ayaz For the Opposite Party/s :

Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Daudnagar P.S. Case No. 116 of 2013 registered for the offences punishable under Sections 436, 302 and 34 of the Indian Penal Code.

Allegation against petitioners are that he along with other co-accused set ablaze his house as a result of which his son aged about 9 year who was in the house also died of burn injuries. It has been further alleged that on 06.04.2013 when he was going to attend the court proceedings his co-villager Arvind Paswan and others including petitioner asked to pay a sum of rupees 2,00,000/-. He has further alleged that FIR named

Patna High Court Cr.Misc. No.67598 of 2018(2) dt.28-11-2018 2/2 accused set his house ablaze and also demanded Rs. 2,00,000/- It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They have been falsely implicated in this case due to land dispute between the parties case of which is pending before the court. It has been further submitted that similarly placed co-accused Arvind Paswan has been granted bail by another co-ordinate Bench of this Court in Cr. Misc. No. 59718 of 2018 vide order dated 26.11.2018. They have no criminal antecedent and they are in custody since 23.07.2018 and 26.07.2018 respectively. Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar in connection with Daudnagar P.S. Case No. 116 of 2013. (S. Kumar, J) Rajiv/ManojU T