Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21191 of 2022 Arising Out of PS. Case No.-1016 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAJU PASWAN SO OF SAKALDEEP PASWAN R/O- PARANPUR BARAI CHAKARSUL , P.S.- SADAR HAJIPUR, DISTRICT- VAISHALI, PIN844125 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Prasad, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 354(B), 379, 385, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case which was instituted by the present informant and is an employee of Central Bank of India and the informant alleges that on 24.10.2021 at about 1:00 O'clock in the night, the accused persons, including the petitioner, along with 15-20 unknown accused persons came variously armed and started removing the hut of the informant

Patna High Court CR. MISC. No.21191 of 2022(2) dt.29-09-2022 2/3 from his land and when the same was protested the accused persons started abusing and became violent and assaulted the informant and his family members, it is next alleged that the petitioner gave orders to kill, thereafter it is alleged that the accused persons also demanded Rs. 2 lakh by way of extortion or ten dhurs of land in lieu thereof and when informant's wife tried to save him the petitioner assaulted his wife and tore her sari and disrobed her.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that petitioner has purchased a land adjacent to the land of the informant, as would be evident from Annexure-3 of the anticipatory bail application, on account of which a dispute had arisen and the informant in order to falsely implicate the petitioner instituted the present FIR, when admittedly no such occurrence as alleged had taken place, it is next submitted that as far as allegation of giving orders to kill and disrobing the wife of the informant is alleged, the same is ornamental in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned

Patna High Court CR. MISC. No.21191 of 2022(2) dt.29-09-2022 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hajipur Sadar P.S. Case No. 1016 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T