Madhav Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21033 of 2019 Arising Out of PS. Case No.-197 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== 1.
MADHAV PASWAN, aged about 36 years, Gender Male, S/o Late Ram Swaroop Lal Paswan @ Ramawaroop Paswan @ Ramswarplal 2.
Bishundev Paswan, aged about 50 years, Gender Male, S/o Late Mintlal Paswan 3.
Lagandev Paswan, aged about 35 years, Gender Male 4.
Suraj Paswan, aged about 22 years, Gender-Male 5.
Ranjeet Paswan, aged about 25 years, Gender-Male Sl. Nos.3 to 5 sons of Bishundev Paswan 6.
Brahaspati Paswan, aged about 45 years, Gender-Male S/o Late Sitabi Paswan 7.
Sarban Paswan, aged about 30 years, Gender-Male S/o Hisabi Paswan 8.
Suman Paswan, aged about 22 years, Gender-Male, S/o Sarban Paswan 9.
Ashish Paswan, aged about 20 years, Gender-Male, son of Sarban Paswan All R/o village- Chausa, P.S.- Chausa, District- Madhepura 10.
Baubi Paswan, aged about 40 years, Gender-Male, S/o Bucho Paswan R/o village- Gangapur Lutna Basa Marwari Tola, P.S.- Alamnagar, DistrictMadhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2019 Heard both sides.
The petitioners apprehend their arrest in Chausa P.S. Case No.197 of 2018 registered under Sections 341, 323, 384, 387, 504, 506 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.
The informant alleged that the petitioners having
Patna High Court CR. MISC. No.21033 of 2019(2) dt.04-04-2019 2/3 armed with different weapons came to his field and started ploughing his field. When the informant protested, the petitioners assaulted him with fist and slabs and also demanded extortion of Rs.4 lacs. Madhav Paswan is said to have fired in air.
The learned counsel for the petitioners submits that entire allegation is false and concocted. The informant lodged the case on account of land dispute. The informant purchased the land from Guneshwar Sah and his family members. Guneshwar Sah and others filed Title Suit No.319 of 2013 for correction of R.S. Khatiyan. The suit is still pending but the plaintiff of Title Suit No.319 of 2013 sold the land to the informant who wanted to take possession of the land forcibly. Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that there appears to be a bonafide land dispute between two sides, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Uda-Kishunganj, Madhepura in
Patna High Court CR. MISC. No.21033 of 2019(2) dt.04-04-2019 3/3 connection with Chausa P.S. Case No.197 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T