Patna High Court - Orders
Ramashish Paswan & Anr. vs The State Of Bihar on 24 September, 2014
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 17333 of 2014
Arising Out of PS.Case No. -140 Year- 2013 Thana -GOH District- AURANGABAD
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1. Ramashish Paswan S/o Jageshwar Paswan.
2. Shabir Paswan @ Sahabir Paswan S/o Shivlal Paswan
Both are resident of Village- Kharagpura, P.S.- Goh, District-
Aurangabad.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
5. 24-09-2014Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in Goh P.S. Case No. 140 of 2013 dated 18.07.2013 instituted under Sections 302/307/379/427/435/326/353/324/147/148/149 of the Indian Penal Code, 17 of The Criminal Law (Amendment) Act, 10 of The Unlawful Activities (Prevention) Act, 1967 and 16/17/18/19/20 of the Explosive Substances Act.
Learned counsel for the petitioners submits that they are not named in the F.I.R. and only on the confessional statement of one co-accused Rajendra Yadav, they have been implicated in the case. It is submitted that though the allegation in the F.I.R. is serious but there is nothing to connect the petitioners to the crime and there has been no recovery from them. It is further submitted that the petitioners Patna High Court Cr.Misc. No.17333 of 2014 (5) dt.24-09-2014 2/3 have not been put on Test Identification Parade and having clean antecedent are in custody since 22.10.2013. It is further submitted that even in the confessional statement, the only role assigned to them was that they were also members of the organization.
Learned A.P.P., upon going through the case diary, opposes the prayer for bail. However, he does not dispute the fact that only co-accused Rajendra Yadav, has taken the name of the petitioner in the confessional statement and there also the only role assigned to them was that they were members of the organization, without there being any allegation of their participation in the occurrence for which the present F.I.R. has been lodged.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad in Goh P.S. Case No. 140 of 2013. One of the bailors shall be the father of the petitioners. The petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners. The petitioners shall also give an undertaking to the Court that they shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of Patna High Court Cr.Misc. No.17333 of 2014 (5) dt.24-09-2014 3/3 their bail bonds. The petitioners shall cooperate in the trial and be present before the Court on each and every date. Failure to do so on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.
(Ahsanuddin Amanullah, J.)
P. Kumar
U T