Binay Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75894 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- MUFFASIL District- Aurangabad ======================================================

1. Binay Paswan son of Suresh Paswan

2. Satyendra Paswan son of Jairam Paswan and

3. Naresh Paswan son of Late Ram Ratan Paswan, all resident of village Pahrama Police Station Mufassil, District Aurangabad ... Petitioners

Versus

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

For the Petitioners :

Mr. Sanjay Kumar, Advocate For the Opposite Party :

Mr. Akhileshwar Dayal, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners as well as learned counsel for the State.

The petitioners are accused in a case registered for offence under sections 147, 148, 149, 323, 307 and 302 of the Indian Penal Code.

It is submitted on behalf of the petitioners that the allegation of inflicting fatal blow is upon co-accused Santosh Paswan on the provocation by one Bharat Paswan and he at best be alleged to be standing being part of a mob. Other similarly situated co-accused have already been allowed bail in Cr.Mis.Nos. 49106/2018, 49587/2018 & 63448/2018. Prior to the instant case, there is no criminal antecedent of the petitioners and Petitioners are in custody since 5.9.2018. Considering the aforesaid submissions and the facts and circumstances of the case, prayer for bail to the petitioners

Patna High Court Cr.Misc. No.75894 of 2018(2) dt.17-12-2018 2/2 is allowed. Let all the three petitioners as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Mufassil Police Station Case No. 100 of 2018 on the following conditions:- One of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners and The Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) shashi U T