Siya Ram Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24059 of 2017 Arising Out of PS.Case No. -244 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================
1. Siya Ram Paswan S/o Late Hiralal Paswan
2. Dadan Paswan S/o Late Ramraj Paswan
3. Shyam Bihari Paswan @ Janga @ Jaga S/o Late Ram Raj Paswan
4. Rajesh Paswan S/o Shyam Bihari Paswan @ Janga
5. Amar Paswan S/o Late Hiralal Paswan
6. Nathuni Paswan S/o Late Ram Raj Paswan
7. Santosh Paswan S/o Shyam Bihari Paswan @ Janga
8. Besh Lal Paswan S/o Dadan Paswan All the residents of Village - Neema, P.S. - Nasriganj (Rajpur), District - Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwari For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-07-2017 Learned counsel for the petitioners submits that the petitioner no.3, namely, Shyam Bihar Paswan @ Janga @ Jaga has been arrested and is in custody.
In that view of the matter, the prayer for anticipatory bail on behalf of petitioner no.3, above named, is withdrawn. Heard learned counsel for the petitioners and counsel for the State.
In the present case, the petitioners are apprehending their arrest in connection with Nasriganj (Rajpur) P.S. Case No. 244 of 2016 for offence under Sections 147, 148, 149, 341, 323,
Patna High Court Cr.Misc. No.24059 of 2017 (2) dt.01-07-2017 324, 325, 307, 379, 504, 354 of the Indian Penal Code. As per allegation, the accused persons have raided the shop of the Informant but the neighbour come forward to help the victim whereupon allegation has been made that Dadan Paswan armed with Rami assaulted the Bhaisur due to which he sustained injury on his right hand and head. Siyaram Paswan assaulted Vikash Kumar by Lathi. Shyam Bihar Paswan @ Janga armed with iron rod assaulted Pradeep Kumar Sah on head. Siya Ram Paswan also armed with Lathi assaulted Vikash Kumar on his head. Amar Paswan also assaulted Om Prakash Sah on his head. There is omnibus allegation against Rajesh Paswan, Nathuni Paswan, Santosh Paswan and Besh Lal Paswan. Looking to the entire facts and circumstances of the case, let the Petitioner Nos.
4, 6, 7 & 8, namely, Rajesh Paswan, Nathuni Paswan, Santosh Paswan and Besh Lal Paswan respectively, in the event of their arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bikramganj, Rohtas in connection with Nasriganj (Rajpur) P.S. Case No. 244 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court Cr.Misc. No.24059 of 2017 (2) dt.01-07-2017 also subject to condition that whenever the police will call them for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been cancelled. However, there being direction allegation of assault against the petitioner nos. 1, 2 & 5, namely, Siya Ram Paswan, Dadan Paswan and Amar Paswan, their anticipatory bail is rejected. If they surrender before the court below within a period of four weeks from today, the court below will pass orders on the same day in accordance with law.
(Shivaji Pandey, J) Rishi/- U T