IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36379 of 2009 1.KRIPAL PASWAN son of Late Kamaldhari Paswan 2.Udal Paswan son of Late Dhodha Paswan 3.Mahanand Paswan son of Late Munni Paswan 4.Badhu Kanu son of Late Bhuneshwar Saw All resident of village Sonbhadra, P.S. Karpi, (Banshi O.P.), Dist. Arwal. Versus STATE OF BIHAR With Cr.Misc. No.29618 of 2009 1.Lala Choudhary, Son of Late Banwari Choudhary 2.Suresh Kanu, Son of Late Dhaneshwar Kanu 3.Ram Nandan Paswan, Son of Late Karan Paswan All residents of village-Sonbhadra, P.S. Karpi, District-Arwal. Versus STATE OF BIHAR With Cr.Misc. No.32697 of 2009 Suryanand Paswan son of Late Muni Paswan, Resident of village-Sonbhadra, P.S. Karpi (Banshi), Distt.Arwal. Versus STATE OF BIAHR ----------- 2 4/11/2009 Heard counsel for the petitioners as also counsel for the State. In these three bail applications arising out of the same case, Mrs. Anjana Mishra, learned counsel appearing on behalf of the petitioners has submitted that these petitioners have been, in fact, falsely implicated by wife of the deceased in a pre-planned manner, inasmuch as, whatever allegations against the petitioners have been made the same was already known to the Informant prior to lodging of the First Information Report. Mrs. Mishra further submits that none of the petitioners have any criminal antecedents, whereas, the deceased himself was a veteran criminal and several cases were lodged against 2 him. Counsel for the State has tried to support the impugned order by taking a plea that the witnesses had named the petitioners in the first part of the occurrence wherein it is said that the deceased was forcibly taken by the petitioners, but there is nothing to support even this part of the occurrence, inasmuch as, even when it is said that the Informant and her family members were attacked by the members of unlawful assembly taking away husband of the Informant, no injury report is available to substantiate the first part of the occurrence. In such view of the matter the submission of Mrs. Mishra is that even though the deceased was done to death in any other manner the Informant has conveniently made accused all the persons including the petitioners by way of vengeance. Be that as it may, this Court, taking into account that the petitioners have no criminal antecedents and there is no direct material to link them with the death of the deceased and the allegation against them, at best, would be one of last seen with the deceased, would direct the petitioners, namely, 1.Kripal Paswan, 2.Udal Paswan, 3.Mahanand Paswan 4.Badhu Kanu (petitioners in Cr. Misc. No.36379 of 2009), and 1.Lala Choudhary, 2.Suresh Kanu, 3.Ram Nandan Paswan (petitioners in Cr. Misc. No.29618 of 2009), and Suryanand Paswan (petitioner in Cr. Misc. No.32697 of 2009), to 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 Chief Judicial Magistrate, Jehanabad in Karpi P.S. Case 3 No.32 of 2009, subject to the conditions that one of the bailer of the petitioners should be close family members preferably either of the parents or his wife and that the petitioners shall also remain present in course of the trial and their absence on two consecutive dates will make them liable for cancellation of their bail. Abhay Kumar (Mihir Kumar Jha, J.)