Umesh Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.45643 of 2014 (2) dt.04-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45643 of 2014 Arising Out of PS.Case No. -323 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================
1. Umesh Paswan Son of Late Janardan Paswan resident of villageDhanchhoha, P.S.- Sour Bajar, District- Saharsa, Presently residing at Nayabajar Paswan Tola, P.S. AND District- Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.45739 of 2014 Arising Out of PS.Case No. -323 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================
1. Dheeraj Shankar Verma Son of Late Manoranjan Verma Resident of Mohalla New Colony Wards No. 8 P.O. + P.S. AND District- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.45643 of 2014) For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Asha Kumari (App) (In Cr.Misc. No.45739 of 2014) For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 04-02-2015 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners namely Umesh Paswan and Dheeraj Shankar Verma are in custody since 19.05.2014 in Saharsa Sadar P.S. Case No.323 of 2014 corresponding to Special Case No.11 of
Patna High Court Cr.Misc. No.45643 of 2014 (2) dt.04-02-2015 2014 u/s 398, 401 I.P.C., Section 25(1-B)A, 26, 35 of the Arms Act and Section 20/22 of N.D.P.S. Act.
The learned counsel for the petitioners submitted that the police have falsely arrested the petitioners when they were sitting by the side of a pond and false allegation has been made that they were preparing to commit a dacoity. From the possession of Umesh Paswan, one knife was recovered wherein from the possession of Dheeraj Shankar Verma, nothing has been recovered.
Considering the nature of allegation and period of detention, I direct that the above named petitioners be released on bail on furnishing bail bond of Rs.10,000(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge at Saharsa in connection with Saharsa Sadar P.S. Case No.323 of 2014 corresponding to Special Case No.11 of 2014.
(Mungeshwar Sahoo, J) Saurabh/- U T