Keshawar Paswan @ Keshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15970 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- BANGAWON District- Saharsa ====================================================== 1.

Keshawar Paswan @ Keshwar Paswan Son Of Late Anandi Paswan R/VDholi, Ward No. - 07, P.S.- Bangaon, District- Saharsa 2.

Raghuvir Paswan Son Of Late Yugeshwar Paswan R/V- Dholi, Ward No. - 07, P.S.- Bangaon, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Informant/s :

Mr. Pramod Mishra For the State :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners, informant and learned A.P.P appearing on behalf of the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 302, 307, 506, 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioners came with deadly weapons and assaulted the informant's

Patna High Court CR. MISC. No.15970 of 2023(2) dt.29-04-2023 2/3 side. It is alleged against petitioner No. 1 that he along with co-accused Pinku Paswan have assaulted the father of the informant with farsa and iron rod who sustained injuries on left thigh and hand whereas it is alleged against petitioner No. 2 that he assaulted the brother of the informant. It is specifically alleged against coaccused Jai Karan Paswan that he assaulted with farsa on the head of uncle of the informant namely Radhe Paswan who subsequently died during treatment. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The specific accusation of assaulting the deceased is not against the petitioners but against co-accused Jai Karan Paswan. The petitioners and the informant are agnates and next door neighbour and in the background of land dispute, the present accusation has been levelled against the petitioner. The petitioners are languishing in custody since 02.09.2022.

Patna High Court CR. MISC. No.15970 of 2023(2) dt.29-04-2023 3/3 Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioners and submitted that petitioners are named in the F.I.R and one person from the informant's side has lost his life in the incident.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Bangoan P.S. Case No. 102 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T