Ram Vilash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32561 of 2023 Arising Out of PS. Case No.-337 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

Ram Vilash Paswan Son Of Ram Udgar Paswan R/V- Makaspur Ward No. 12, Ps-Cheriya Bariarpur Dist- Begusarai 2.

Ram Prit Paswan @ Ram Prit Kumar Son Of Ram Udgar Paswan R/VMakaspur Ward No. 12, Ps-Cheriya Bariarpur Dist- Begusarai 3.

Manish Kumar Son Of Ram Udgar Paswan R/V- Makaspur Ward No. 12, Ps-Cheriya Bariarpur Dist- Begusarai 4.

Ramesh Paswan @ Ramesh Kumar Paswan Son Of Ram Udgar Paswan R/V- Makaspur Ward No. 12, Ps-Cheriya Bariarpur Dist- Begusarai 5.

Ram Udgar Paswan Son Of Dorik Paswan R/V- Makaspur Ward No. 12, PsCheriya Bariarpur Dist- Begusarai 6.

Ram Sharan Paswan Son Of Ram Dular Paswan R/V- Makaspur Ward No. 12, Ps-Cheriya Bariarpur Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the allegation against the petitioners is that they along with others armed with deadly weapons riding on tractor came at the informant's field and tried to plough her

Patna High Court CR. MISC. No.32561 of 2023(3) dt.09-10-2023 2/3 field. On objection, they abused and assaulted the informant and her brother-in-law.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is no specific overt act against the petitioners. He submits that occurrence took place on 12.12.2022 but the FIR has been lodged on 23.12.2022 after delay of 11 days without explaining any reasonable cause of delay. He submits that on the dispute of land, a Title Suit No. 260 of 2009 is pending before the learned court below at Begusarai. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court

Patna High Court CR. MISC. No.32561 of 2023(3) dt.09-10-2023 3/3 in connection with Cheria Bariarpur P.S. Case No. 337 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T