Okil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25534 of 2019 Arising Out of PS. Case No.-221 Year-2018 Thana- CHENARI District- Rohtas ====================================================== 1.

Okil Paswan Son of Shankar Paswan R/o Village- Karma, P.S.- Chenari, District- Rohtas.

2.

Mohan Paswan S/o Late Sigashan Paswan R/o Village- Karma, P.S.- Chenari, District- Rohtas.

3.

Birendra Paswan S/o Bansh Ram Paswan R/o Village- Karma, P.S.- Chenari, District- Rohtas.

4.

Prem Paswan S/o Budh Ram Paswan R/o Village- Karma, P.S.- Chenari, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-04-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chenari P.S. Case No. 221 of 2018 registered for the offence punishable under Sections 147, 148, 149, 447, 341, 323, 307, 379 and 354(B) of the Indian Penal Code. Petitioners along with other accused persons are said to have descended at the house of the informant in order to commit dacoity and petitioner nos. 1 and 2 assaulted the servant of the informant, namely, Raju Thapa by means of iron rod making him seriously injured. All the accused persons are also

Patna High Court CR. MISC. No.25534 of 2019(2) dt.24-04-2019 2/3 said to have abused and pulled the sari of Rajkaliya Kuer making her half nude and petitioner no. 4 Prem Paswan snatched her chain. The accused persons also took away the vehicle and motorcycle of the informant.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. The informant has lodged this false and frivolous case to save his skin from the counter case bearing Chenari P.S. Case No. 217 of 2018 filed by the petitioner no. 1 earlier to the case under hand. The injury sustained by the servant of the informant is abrasion and bruise and has opined by the doctor as simple in nature. Other allegation levelled against the petitioners is not specific rather general and omnibus. They have no criminal antecedent.

On the other hand, learned APP for the State opposed the bail prayer of the petitioners.

In 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 learned A.C.J.M.-II, Sasaram,

Patna High Court CR. MISC. No.25534 of 2019(2) dt.24-04-2019 3/3 district-Rohtas in connection with Chenari P.S. Case No. 221 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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