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Patna High CourtCR. MISC./28090/2021dismissed

Ravindra Paswan @ Ravindra Kumar Paswan v. The State Of Bihar

2022-01-03Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28090 of 2021 Arising Out of PS. Case No.-260 Year-2019 Thana- DARBHANGA District- Darbhanga ====================================================== 1.

RAVINDRA PASWAN @ RAVINDRA KUMAR PASWAN S/O LATE VINOD PASWAN R/O VILLAGE-KALIGHAT, WAZIDPUR, P.S.-TOWN, DISTRICT-DARBHANGA.

2.

VIKASH PASWAN @ VIKASH KUMAR PASWAN S/O LATE VINOD PASWAN R/O VILLAGE-KALIGHAT, WAZIDPUR, P.S.-TOWN, DISTRICT-DARBHANGA.

3.

DHARMENDRA PASWAN @ DHARMENDRA KUMAR PASWAN S/O LATE VINOD PASWAN R/O VILLAGE-KALIGHAT, WAZIDPUR, P.S.- TOWN, DISTRICT-DARBHANGA.

4.

SUNNY KUMAR @ SUNNY KUMAR PASWAN S/O LATE DOMAN PASWAN R/O MOHALLA-LAXMISAGAR, P.S.-L.N.M.U., DISTRICTDARBHANGA. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in Town P.S. Case No. 260 of 2019 registered for the offences punishable

Patna High Court CR. MISC. No.28090 of 2021(2) dt.03-01-2022 2/3 under Sections 147, 149, 341, 323, 324 & 307 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Darbhanga .

While the informant was making construction on his land, all the F.I.R. named accused persons including these petitioners are said to have armed with lathi, danda and Farsa came there and forcibly stopped the construction work. They assaulted the grandson of the informant on his head. They also assaulted the wife and granddaughter of the informant. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, the

Patna High Court CR. MISC. No.28090 of 2021(2) dt.03-01-2022 3/3 petitioners are directed to surrender before the learned Court below within four weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U