Patna High Court - Orders
Ashok Paswan & Ors vs The State Of Bihar on 29 February, 2016
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9442 of 2016
Arising Out of PS.Case No. -40 Year- 2003 Thana -PARAIYA District- GAYA
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1. Ashok Paswan Son of Sitaram Paswan
2. Manu Paswan Son of Sitaram Paswan
3. Anil Paswan Son of Sitaram Paswan
4. Satendra Paswan Son of Muneshwar Paswan
5. Upendra Paswan Son of Muneshwar Paswan. All resident of Village-
Bongia, P.S.- Mohanpur, Distt.- Gaya
6. Moti Bhuiyan Son of Late Aklu Bhuiyan Resident of Village- Jalhi,
P.S.- Mohanpur, Distt.- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate
For the Opposite Party/s : Mr. B.N.Panday, APP
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 29-02-2016Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in judicial custody since 25.11.2015 in connection with Sessions Trial No. 158/14/ 301/10, arising out of Praiya P.S. Case No. 40/03 for offences alleged under Sections 147, 148, 149, 353, 324, 323, 326, 332, 307, 302, 452, 436, 426, 427 of the Indian Penal Code, under Section 27 of the Arms Act, under Section ¾ of the Explosive Substance Act and under Section 17 of the Criminal Law Amendment Act.
The prosecution case, as lodged by the A.S.I. Ram Patna High Court Cr.Misc. No.9442 of 2016 (2) dt.29-02-2016 2/3 Pratap Singh, is that the extremists surrounded the police station, fired resulting in death of three police personnel, however, 7 chits were found fallen containing list of 112 extremists, which included the name of the petitioners.
It has been submitted by the learned counsel for the petitioners that no overt act has been alleged against the petitioners and they have no criminal history. It has further been submitted that as the petitioners have been charge-sheeted there is no chance of tampering with the evidence and have no connection with those extremists. He further contends that a large number of accused have since been granted the privilege of bail by this Court. Some of the applications being Cr. Misc. No. 33558 of 2011, Cr. Misc. No. 5474 of 2012 etc. and the petitioners, being member of the mob, are entitled to the same benefit.
However, learned APP for the State opposes the prayer for bail.
Be that as it may, let petitioners, above named, 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 learned Additional Sessions Judge-V, Gaya, in connection with Sessions Trial No. 158/14/ 301/10, arising out of Praiya P.S. Case No. 40/03.
Patna High Court Cr.Misc. No.9442 of 2016 (2) dt.29-02-20163/3
However, it is made clear that if the petitioners indulge in an offence of similar nature in future, the learned court below will be at liberty to cancel the bail bond of the petitioners without being prejudiced with this order.
(Nilu Agrawal, J.) Rajesh/-
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