Ram Babu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25510 of 2023 Arising Out of PS. Case No.-447 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
RAM BABU PASWAN SON OF TUKLAL PASWAN R/O VILLAGEPACHAMBA WARD NO.16, P.S.- MUFFASIL, DISTRICT- BEGUSARAI 2.
SADAN PASWAN SON OF RAMASHISH PASWAN R/O VILLAGEPACHAMBA WARD NO.16, P.S.- MUFFASIL, DISTRICT- BEGUSARAI 3.
BABITA DEVI WIFE OF MADAN PASWAN R/O VILLAGEPACHAMBA WARD NO.16, P.S.- MUFFASIL, DISTRICT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nakul Kumar Jamuar, Adv.
For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 384, 504, 37, 34 of the Indian Penal Code.
3. Allegedly, all the accused persons including the petitioners are said to have came at plot of informant and started constructing a hut on the said plot. On raising objection, one Madan Paswan demanded an amount worth Rs. 25,00,000/- on gun point. Due to fear, the informant gave him Rs. 25,000/- to them, but when their demands were not met, they assaulted the
Patna High Court CR. MISC. No.25510 of 2023(3) dt.21-07-2023 2/3 informant with deadly weapons as a result of which he sustained injuries.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Earlier, a case has also been filed by the petitioner against the informant and the present case is nothing but a counter-blast of that case. There is inordinate and abnormal delay of about 20 days in filing the FIR without assigning any plausible and convincing reason for the said delay. It is further submitted that there is compromise between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is compromise between the parties, 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
Patna High Court CR. MISC. No.25510 of 2023(3) dt.21-07-2023 3/3 Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Muffasil P.S. Case No. 447 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T