Sahdev Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8769 of 2018 Arising Out of PS. Case No.-209 Year-2017 Thana- BHAGWANPUR District- Begusarai ======================================================
1. Sahdev Paswan
2. Papru Paswan Sons of Late Methor Paswan
3. Mahadev Paswan @ Mathura Paswan.
4. Ranjeet Paswan
5. Shaligram Paswan @ Lucho Paswan Both S.No. 4 and 5 Sons of Ram Sundar Paswan.
6. Ram Sundar Paswan, Son of Late Sukhdev Paswan.
7. Gautam Paswan Both Sons of Late Lalo
8. Muso Paswan, All Resident of Village-Pasopur, Police Station Bhagawanpur, District Begusarai.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Jha For the Opposite Party/s :
Mr. SRI LAKSHMI KANT SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bhagawanpur P.S. Case no. 209 of 2017, registered under Sections 447, 147, 148, 149, 323, 308, 385, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that petitioners along with 5-6 unknown came at the field of the informant and made demand of levy on which informant replied that he is ploughing the filed belonging to his ancestor. Thereafter, petitioners and other attacked on the informant and caused assault through butt of
Patna High Court Cr.Misc. No.8769 of 2018(2) dt.17-02-2018 2/2 pistol and iron rod, when brothers of the informant made alarm then all the miscreants fled away after making firing. Learned counsel for the petitioners submits that, in fact, regarding the land, in question, as detailed in the F.I.R. proceeding under Section 107 of Cr.P.C. was initiated in the year 2014 at the instance of the petitioners against informant family and thereafter, petitioners filed Title Suit No. 25 of 2015 for recovery of possession, which is pending in the Court of Sub-Judge-I, Begusarai, but only to give undue pressure upon the petitioners, informant lodged the present case so that petitioner could not pursue the title suit.
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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 209 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T