← Library
Patna High CourtCR. MISC./22286/2024allowed

Ramvilash Paswan v. The State Of Bihar

2024-07-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22286 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- PIPRA District- Supaul ====================================================== RAMVILASH PASWAN S/O- RAMCHARAN PASWAN R/O- VILLAGEJOLHANIYA, WARD NO.- 05, P.S.- PIPRA, DIST.- SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikash Bharti, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard Mr. Vikash Bharti, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner seeks bail in Pipra P.S. Case No. 293 of 2023 registered for the offences punishable under Sections 341, 342, 323, 307, 379, 34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioner are said to have assaulted the informant and his family members brutally with deadly weapons due to which they sustained several injuries. They also committed loot-pat in the house of the informant and took away cash of Rs. 35,000/- along with ornaments and one mobile.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no

Patna High Court CR. MISC. No.22286 of 2024(3) dt.12-07-2024 2/3 offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is admitted land dispute between the parties. There is case and counter case between them. It is further submitted that as per the injury report of the injured, the injuries were found dangerous in nature. Thereafter, due to suspicion regarding the injury report, the injured persons were called for reexamination of their injuries, but they did not appear before the medical board, which creates serious doubt about the injury report. The CMO, Supual vide his letter no. 182 dated 19.01.2024 has also informed the DM, Supaul regarding the same, which is also evident from Annexure-P/3 of the bail application. Petitioner has two criminal antecedent and he is in custody since 16.10.2023.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, since the injured persons did not appear before the Medical Board for re-examination of their injuries, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.22286 of 2024(3) dt.12-07-2024 3/3 bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Pipra P.S. Case No. 293 of 2023. (Anjani Kumar Sharan, J) divyanshi/- U T