Ram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24017 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

RAM PASWAN S/o Late Saryug Pawan R/o Village- Pipra, P.S.- Jitana, District- East Champaran.

2.

Lal Babu Paswan S/o Late Saryug Pawan R/o Village- Pipra, P.S.- Jitana, District- East Champaran.

3.

Hari Paswan S/o Late Saryug Pawan R/o Village- Pipra, P.S.- Jitana, District- East Champaran.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 379 & 506/34 of the Indian Penal Code. Petitioners are said to have intruded into the house of the informant and slated the informant and his family members and petitioner Ram Paswan assaulted him by means of iron rod while petitioner Lal Babu Paswan took away Rs.19,750/- from his pocket.

Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case due to dispute over flowing of drain water from the house of the

Patna High Court CR. MISC. No.24017 of 2019(4) dt.19-07-2019 2/2 informant towards the house of the petitioners. The allegation of slating is not specific rather general and omnibus in nature. Taking money from the pocket of the informant is a super addition. Informant has not sustained any injury in the occurrence as the learned lower Court has given several opportunities to the learned Public Prosecutor to bring the injury report on record but in vain. There is no injury report in the case diary as evident from the impugned order itself. The petitioners have no criminal antecedent.

Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 C.J.M., East Champaran at Motihari in connection with Ghorasahan (Jitna) P.S. Case No.17 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Trivedi/- (Prakash Chandra Jaiswal, J) U T