Hare Ram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20370 of 2020 Arising Out of PS. Case No.-71 Year-2020 Thana- SIMRI District- Buxar ====================================================== 1.

HARE RAM PASWAN Son of Sheo Bachan Paswan Resident of Village - Kharaha Tand, P.S. - Simari, District - Buxar. 2.

Sanjay Paswan Son of Nan Muri Paswan @ Nan Muti Paswan Resident of Village - Kharaha Tand, P.S. - Simari, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-06-2020 Heard Mr. Binod Kumar Singh, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioners, who are in custody since 15.03.2020, seek bail in connection with Simari P. S. Case No. 71 of 2020 dated 13.03.2020, instituted for the offences under Sections 147, 148, 341, 342, 323, 307,

Patna High Court CR. MISC. No.20370 of 2020(2) dt.19-06-2020 2/3 302 and 504 of the Indian Penal Code.

It has been alleged in the F.I.R. that three persons caught-hold of the cousin of the informant and assaulted him. When the father of the informant came to his rescue, he too was assaulted by the aforesaid persons, namely, Lalji Paswan, Ramjee Paswan and Kalika Dusadh.

So far as petitioner no. 1 is concerned, it has been alleged that he has played a pivotal role in the occurrence. There is no accusation against petitioner no. 2. The learned counsel for the petitioners submits that from the tenor of the F.I.R., it appears that petitioners were not present at the place of occurrence and petitioner no. 1 has only been alleged to have stage-managed the occurrence.

There is no other evidence against the petitioners for connecting them to the offence.

Regard being had to the nature of accusation against them and taking into account their custody, they are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two

Patna High Court CR. MISC. No.20370 of 2020(2) dt.19-06-2020 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Simari P. S. Case No. 71 of 2020.

(Ashutosh Kumar, J) skm/- U