Sharandeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3918 of 2020 Arising Out of PS. Case No.-28 Year-2018 Thana- DANDARI District- Begusarai ====================================================== Sharandeo Paswan, S/O Ram Uchit Paswan, R/O Vill. - Sughraun, Katarmala, P.S. - Dandari, Dist. - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dandari P.S. Case No. 28 of 2018, registered under Sections 341, 323, 379, 385, 354, 325 and 504/34 of the Indian Penal Code.

The accusation is that 11 persons named in the FIR including the petitioner having lathi and khanti in their hand entered in the courtyard of informant, Dharamvir Paswan, and started to abuse and cause assault. When the informant made protest then Nandan Paswan wrapped Gamcha in his neck and started to cause assault to him. On raising alarm, his wife, Muli Kumari, came there then Nitish Kumar chased her to cause

Patna High Court CR. MISC. No.3918 of 2020(2) dt.22-01-2020 2/3 assault but anyhow, his wife moved from there with Shayam Sundar Paswan and thereafter, informant started to flee away and entered in the house of Shayam Sundar Paswan. At that time, they entered in the house of Shayam Sundar Paswan and started to cause assault to Shayam Sundar Paswan and his wife through lathi and Khanti. Thereafter, petitioner and Nandan Paswan snatched the gold chain from Munni Devi. Learned counsel for the petitioner submits that while petitioner is named in the FIR along with ten others but no specific overt act has been attributed against him. Further submission is that while the occurrence took place on 11.04.2018 but the FIR has been lodged on 10.05.2018 after one month without giving explanation, which indicates about the false allegation. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Begusarai, in connection with Dandari P.S. Case No. 28 of

Patna High Court CR. MISC. No.3918 of 2020(2) dt.22-01-2020 3/3 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T