Sudhir Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1845 of 2020 Arising Out of PS. Case No.-126 Year-2019 Thana- NAGARNAUSA District- Nalanda ====================================================== 1.

Sudhir Paswan, aged about 35 years, Male, Son of Ram Prit Paswan 2.

Jaichand paswan @ Jay Pat Paswan, aged about 40 years, Male, Son of Hazari Paswan 3.

Karmal Paswan, aged about 26 years, Male, Son of Prabhu Paswan 4.

Bijendra Paswan, aged about 53 years, Male, Son of Prabhu Paswan, all are resident of Village - Jalalpur Khapura, P.S.- Nagarnousa, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nagarnousa P.S. Case No. 126 of 2019 registered for the offences punishable under Sections 147, 148, 149, 188, 307, 337, 338, 353, 427 of the Indian Penal Code.

The prosecution case, in brief, is based on the written report of the informant namely Rajendra Kumar Ram, S.I. of Nagarnousa P.S. stating therein that on 27.09.2019 at 16.00 hrs., he got information that persons from one side are trying to encroach on pain. On this information, informant along with

Patna High Court CR. MISC. No.1845 of 2020(2) dt.26-02-2020 2/3 other police official and police force has proceeded in official vehicle at 16.10 hrs. and when he reached at disputed land at about 16.45 hrs. then he found about 10-15 persons were assembled there and were trying to encroach. After reaching he along with other police officer tried to pursue the persons and gave reference to the ordr passed by District Magistrate, Nalanda and requested not to encroach the disputed pane and ask the persons to leave. In this course villagers got information and about 150-200 persons armed with weapons came and attacked on police party with brick, stone, lathi and danda and started throwing brick and stone, due to which S.I. of Police Raj Kumar Paswan was serious injured and his head was injured and A.S.I.

Rakesh Kumar Singh and informant were also injured. Learned counsel for the petitioners submits that there is no specific allegation against the petitioners. There is general and omnibus allegation against the petitioners. Learned counsel for the petitioners further submits that the petitioners have no any criminal antecedent.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.1845 of 2020(2) dt.26-02-2020 3/3 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa (Nalanda) in connection with Nagarnousa P.S. Case No. 126 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T