Lalit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15737 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== 1.

LALIT PASWAN S/o Late Natho Paswan Resident of Village-Marraha, P.S.- Hasanpur, District-Samastipur.

2.

Ganga Ram Paswan S/o Late Natho Paswan Resident of Village-Marraha, P.S.-Hasanpur, District-Samastipur.

3.

Sanjeet Paswan S/o Parduman Paswan Resident of Village-Marraha, P.S.- Hasanpur, District-Samastipur.

4.

Achhelal Paswan S/o Late Suraj Paswan Resident of Village-Marraha, P.S.- Hasanpur, District-Samastipur.

5.

Rahul Kumar S/o Ram Chandar Paswan Resident of Village-Marraha, P.S.- Hasanpur, District-Samastipur.

6.

Sachita Devi Wife of Umesh Paswan Resident of Village-Marraha, P.S.- Hasanpur, District-Samastipur.

7.

Parmila Devi W/o Ramdayal Paswan Resident of Village-Marraha, P.S.- Hasanpur, District-Samastipur.

8.

Indu Devi W/o Ram Chandar Paswan Resident of Village-Marraha, P.S.- Hasanpur, District-Samastipur.

9.

Hansraj Paswan S/o Late Ramdev Paswan Resident of Village-Marraha, P.S.-Hasanpur, District-Samastipur.

10.

Ram Dayal Paswan S/o Late Bhagichan Paswan Resident of VillageMarraha, P.S.-Hasanpur, District-Samastipur. 11.

Sajan Paswan @ Sajjan Paswan S/o Ramdayal Paswan Resident of VillageMarraha, P.S.-Hasanpur, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the State :

Smt Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders"

Patna High Court CR. MISC. No.15737 of 2020(2) dt.13-07-2020 2/3 under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 504, 307, 147, 448, 380/34 of the Indian Penal Code.

Allegedly, on the alleged date of occurrence, at about 10 P.M. the accused persons having armed with deadly weapons came at the house of informant and started assaulting in which, several persons from informant side sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. Petitioner Nos. 6, 7 & 8 are ladies. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the

Patna High Court CR. MISC. No.15737 of 2020(2) dt.13-07-2020 3/3 case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-III, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 55 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T