Ghanshyam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21169 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== GHANSHYAM PASWAN Son of Ram Sewak Paswan Resident of VillageBikrampur, P.S.- Cheriya Bariyarpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-04-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 504, 386, 387 and 506/34 of the IPC.

The prosecution case, as per the written report of Manoj Singh, dated 06.11.2018 submitted to the Station House Officer, Cheriya Bariyarpur Police Station, is to the effect that the informant, being a care taker appointed by the Ward Member, went to supervise the work going on under Seven Resolution Scheme of the Chief Minister, in the meantime, all the FIR named accused persons including the petitioner surrounded and abused the informant. It is specifically alleged against the

Patna High Court CR. MISC. No.21169 of 2019(2) dt.15-04-2019 2/3 petitioner that he demanded extortion of Rs. 1 lac from the informant. It further alleged that all the accused persons assaulted the informant by lathi and iron rod. It is submitted by learned counsel for the petitioner that the petitioner is the ex-Panchayat Mukhiya and in the background of political rivalry, the accusation has been levelled against the petitioner. It is further submitted that there is no provision under the scheme to appoint any care taker by the Ward Member, hence there is no question of informant being the care taker or being the executing agent of a government scheme. Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the nature of accusation not being corroborated by any medical opinion, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheriya Bariyarpur P.S.

Patna High Court CR. MISC. No.21169 of 2019(2) dt.15-04-2019 3/3 Case No. 208 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T