Patna High Court - Orders
Yadu Paswan vs The State Of Bihar on 29 March, 2016
Author: Jitendra Mohan Sharma
Bench: Jitendra Mohan Sharma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4444 of 2016
Arising Out of PS.Case No. -52 Year- 2015 Thana -BELAGANJ District- GAYA
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1. Yadu Paswan Son of Late Firangi Paswan, Resident of Village -
Sundarpur, Police Station - Belaganj, District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Shailesh Kumar
For the Opposite Party/s : Mr. Kr.Ranjit Ranjan(App)
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CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
SHARMA
ORAL ORDER
3 29-03-2016Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.
The petitioner seeks bail in connection with Belaganj P.S. Case No. 52 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 447, 323, 325, 307 and 302 of the Indian Penal Code.
Allegedly, 17 F.I.R. named accused persons including the petitioner being armed with lathi, danda came at the house of the informant and started assaulting causing the death of the father of the informant and also injury to the informant, his mother, brother and other family members alleging that they have kidnapped the daughter of the petitioner.
Submission is of false implication and that the Patna High Court Cr.Misc. No.4444 of 2016 (3) dt.29-03-2016 2/3 petitioner is an old man aged 75 years, he has voluntarily surrendered in the light of direction given in Criminal Miscellaneous No. 37232 of 2015, he is suffering from several ailment, he has been implicated as an order giver, the petitioner has lodged complaint case No. 601 of 2015 lavelling accusation under Section 364, 376, 323, 379 and 504 of the Indian Panel Code against the informant and others, co-accused namely, Siya Sharan Paswan, Bablu Paswan and Madhu Paswan have been allowed bail, and as such, the petitioner also deserves sympathetic consideration, to which the learned APP opposes by submitting that co-accused namely, Shailesh Paswan and Akhilesh Paswan have been refused bail.
In the facts and circumstances stated above, considering that the petitioner is an order giver, he has voluntarily surrendered, charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence, and as such, the petitioner, above named, is directed to be released on bail on execution of 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, Gaya in connection with Belaganj P.S. Case No. 52 of 2015, subject to the conditions that one of the bailors must be Patna High Court Cr.Misc. No.4444 of 2016 (3) dt.29-03-2016 3/3 a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) ajaypd./-
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