Narendra Paswan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39106 of 2014 Arising Out of PS.Case No. -219 Year- 2013 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Narendra Paswan Son of Jiut Paswan

2. Prabhu Paswan Son of Julus Paswan, Both resident of village - Ghoghraha, P.S. Harsidhi, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 09-07-2015 The application insofar as petitioner no.1 is concerned, has already been dismissed as withdrawn through order dated 04.03.2015.

The petitioners were shown as accused in Harsidhi P.S. Case No.219 of 2013 alleging offences punishable under Sections 353, 506/34 of the Indian Penal Code. The allegation against the petitioners is that on 01.07.2013, they entered the school and threatened the informant, i.e. the Incharge Headmaster of the school to pay a sum of Rs.50,000/- from the saving from construction of the building and two bags of rice meant for mid-day meal scheme. Apprehending their arrest, the petitioners filed ABP No.2604 of 2013 in the Court of District & Sessions Judge, East Champaran at Motihari. The application was rejected on

Patna High Court Cr.Misc. No.39106 of 2014 (3) dt.09-07-2015 2/2 21.04.2014. Hence, this application under Section 438 Cr.P.C. Heard learned counsel for the petitioner no.2 and learned Additional Public Prosecutor for the State. On the one hand, the petitioners alleged that the informant, i.e. the Headmaster was involved in taking away the construction material meant for the school building and, on the other hand, the informant alleged that the petitioners demanded a sum of Rs.50,000/- from out of the amount ear-marked for the construction. Except that the petitioners are said to have demanded Rs.50,000/- and two bags of rice, it was not alleged that they resorted to any physical acts against the informant or that they have created any obstruction. The matter needs to be examined at the trial. This Court is of the view that petitioner no.

2 Prabhu Paswan can be granted anticipatory bail. Therefore, the application is allowed. In the event of arrest, petitioner no.2 Prabhu Paswan is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No.219 of 2013.

(L. Narasimha Reddy, CJ) Sunil/- U T