Sita Ram Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38904 of 2018 Arising Out of PS. Case No.-263 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ======================================================

1. Sita Ram Paswan Son of Late Rajo Paswan

2. Sushil Paswan @ Sushil Kumar Son of Sita Ram Paswan

3. Rinki Paswan @ Rikki Paswan Son of Sita Ram Paswan All residents of Village - East Kapasiya, P.S. Begusarai Town, District Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners seek bail in connection with Town P.S. Case No. 263 of 2018 registered for the offence punishable under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was on his way to his sasural, nine persons named in the First Information Report surrounded him on gun point, including the petitioners and snatched away cash and gold chain. Specific allegation is upon co-accused, Ram Babu Paswan and Shankar Paswan. It is further alleged that the

Patna High Court Cr.Misc. No.38904 of 2018(2) dt.10-07-2018 2/3 petitioners and other co-accused are involved in road robbery and have looted other passersby also.

It has been submitted by the learned counsel for the petitioners that they innocent, bear no criminal history and that no allegation of snatching or loot is alleged against them. At best, they are members of the mob and that they are languishing in judicial custody since 07.05.2018. Petitioners undertake to co-operate in the investigation/trial.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No. 263 of 2018 , subject to the conditions that:

(1) One of the bailors would be close relative of the petitioners having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioners.

Patna High Court Cr.Misc. No.38904 of 2018(2) dt.10-07-2018 3/3

(2) The petitioners will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of their bail bonds.

(Nilu Agrawal, J.) Arjun/Ragini U T