Kamleshwari Paswan@ Kamleshri Paswan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.19322 of 2017 (2) dt.18-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19322 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -BEERPUR District- BEGUSARAI ======================================================

1. KAMLESHWARI PASWAN @ KAMLESHRI PASWAN son of Late Dhorai Paswan

2. Prakash Paswan son of Late Gujju Paswan

3. Shyam Paswan @ Shayam Paswan, son of Kamleshwari Paswan All R/o village- Maida Babhangama, P.S.- Birpur, District- Begusarai .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners seek bail in connection with Birpur P.S. Case No. 116 of 2016 registered for the offences punishable under Sections 447, 341, 323, 325, 326, 307/34 of the Indian Penal Code. Allegedly, the petitioners and other FIR named accused persons assaulted the mother of the informant due to land dispute, the mother of the informant got injury on mouth and teeth were also broken. Submission is of false implication and that 8 accused persons are named in the first information report, omnibus and general allegations have been made, the petitioners are in custody since 06.03.2017, there is no specific allegation of assault against the petitioners, only two injuries were found on the person of the mother of the informant, in this case similarly situated co-accused Sudama

Patna High Court Cr.Misc. No.19322 of 2017 (2) dt.18-05-2017 Paswan, Dinesh Paswan and Rohit Kumar have been allowed bail vide Cr. Misc. No. 15805 of 2017 and 16568 of 2017 respectively by another co-ordinate Benches of this Court and as such the petitioners also deserve sympathetic consideration.

Learned APP submits that the petitioners are also named in the first information report.

In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. -I, Begusarai in connection with Birpur P.S. Case No. 116 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T