Patna High CourtCR. MISC./17972/2018bail granted

Baban Paswan v. The State Of Bihar

2018-05-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17972 of 2018 Arising Out of PS.Case No. -84 Year- 2017 Thana -GOH District- AURANGABAD ======================================================

1. Baban Paswan S/o Shailesh Paswan , R/o Village- Ghejana, P.S. - Goh, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Goh P.S. Case No. 84 of 2017 registered under Section 147/149/304/341/323/448/379/504 of the Indian Penal Code.

On the order given by the petitioner, Jairam Paswan and other accused named in the F.I.R. assaulted the mother of the informant by means of lathi and rod resulting into her death during course of her treatment due to old dispute.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case due to animosity. He has no concern with the aforesaid occurrence. He does not happen to be assailant of the deceased. He is said to be

Patna High Court Cr.Misc. No.17972 of 2018 (05) dt.17-05-2018 - 2 - only the order giver. The petitioner has been languishing in custody since 13.12.2017. Co-accused Ravi Paswan and Shailesh Paswan have been enlarged on anticipatory bail by co-ordinate bench of this court in Cr. Misc. No. 4817 of 2018 and Cr. Misc.6756 of 2018 vide order dated 27.02.2018 and 12.02.2018 respectively, while accused Shrawan Paswan has been enlarged on regular bail by a coordinate Bench of this Court in Cr. Misc. No.59009 of 2017 vide order dated 15.12.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Goh P.S. Case No.84 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T