Chandu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40258 of 2021 Arising Out of PS. Case No.-219 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== CHANDU PASWAN S/O LATE RAMCHANDRA PASWAN R/o villageShiripur Kawaiya, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the State :

Mr.Zainul Abedin, APP For the Informant : M/s Chaitanya Swaroop and Shyameshwar Kr. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2021 Heard learned counsel for the petitioner, the State and the informant.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 323, 327, 341, 379, 384, 387, 406, 420, 467, 468, 471, 34 of the Indian Penal Code. As per the prosecution case, the informant purchased a piece of land from co-accused, Ravndra Thakur on 26.08.2015 through registered sale deed and he came in possession over the said land. It is further alleged that after three years mother of Ravindra Thakur sold the same piece of land in favour of this petitioner without any title after preparing forged sale deed without payment of any consideration amount. On 10.12.2019 when the informant went to construct his house over the said

Patna High Court CR. MISC. No.40258 of 2021(2) dt.07-10-2021 2/3 land, this petitioner along with other accused persons, variously armed, assaulted the informant and his labourers by fists and slaps and demanded Rs. One lakh as ransom. It is further alleged that petitioner pointed pistol on the chest of informant and co-accused, Naresh Kumar snatched gold chain worth Rs. 35,000/- from his neck.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to land dispute and at best FIR which has been registered on the basis of complaint petitioner discloses civil dispute between the parties. No specific overt act has been alleged against this petitioner and there is general and omnibus allegation against him. Petitioner claims clean antecedent and is in custody since 08.03.2021 and investigation in this case is complete.

Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that this petitioner has purchased the land on the basis of forged sale deed and he also assaulted the informant and his labourers. Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.40258 of 2021(2) dt.07-10-2021 3/3 thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Sikrahana at Dhaka, East Champaran, in connection with Ghorasahan (Jharokhar) PS case No. 219/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T