Lilo Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80501 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- BANDHUWA KURAWA District- Banka ======================================================

1. Lilo Paswan, Son of Late Biju Paswan.

2. Binoli Paswan, Son of Late Biju Paswan Both are Resident of Village - Ithari, P.S. Banduwa Kurawa, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the parties.

Petitioners seeks bail in Bandhuwa Kuraba P.S. Case No. 36 of 2018 registered for the offence punishable under Sections 302, 506/34 of the Indian Penal Code. Allegation against the petitioners and other F.I.R. named co-accused is to have killed the daughter of the informant and, thereafter, hanged her on a tree. It has been submitted on behalf of the petitioner that they are innocent and have falsely been implicated in this case due to dirty village politics. It has further been submitted that it would be apparent from the F.I.R. that informant is not the eye witness of the occurrence as he came to know about the incident

Patna High Court Cr.Misc. No.80501 of 2018(4) dt.21-02-2019 2/3 from Gotni of his daughter. It has further been submitted that petitioners are residing just adjacent to the house of the informant and a long dispute with regard to passage was going on between both the family members and, as such, they have falsely been implicated in this case. Petitioners have no criminal antecedent and they are in custody since 16.06.2018 and 24.06.2018 respectively.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Bandhuwa Kuraba P.S. Case No. 36 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.80501 of 2018(4) dt.21-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Sanjay/- U T