Arjun Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25767 of 2020 Arising Out of PS. Case No.-233 Year-2016 Thana- DALSINGHSARAI District- Samastipur ====================================================== Arjun Paswan, Son of Late Jamun Paswan @ Late Shankar Paswan Resident of Village - Bhatgama, P.S. - Dalsinghsarai (Ghataho), District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar, Advocate For the Opposite Party/s :
Mr. B.N. Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-12-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Dalsingsarai (Ghataho) P.S. Case No. 233 of 2016, registered under Sections 147, 148, 149, 448, 341, 323, 307, 379, 504 ,506 and 302 of the Indian Penal Code.
The accusation is that in the evening of 12.06.2016, the informant Ramesh Paswan was engaged in erecting pillar for construction of his house under Indira Awas Yojana, at that time, 14 persons named in the F.I.R., including the petitioner, having armed with Lathi, Iron rod, Farsa and sword came there and attacked on him. At that time, Ram Chadra Paswan and Babloo Paswan gave iron rod blow causing blood oozing injury at the head of informant and other also started to cause assault to him. When Shobha
Patna High Court CR. MISC. No.25767 of 2020(3) dt.01-12-2020 2/2 Devi, Sabita Devi, Mahendra Paswan, Mahendra Paswan, Meena Devi and Mantun Paswan rushed to save, then they were also assaulted. At that time, Bablu Paswan snatched gold chain from his neck and Ramchandra and others looted Rs. 75,000/- from his house. The cause of occurrence is said to be land dispute.
Learned counsel appearing for the petitioner submits that injured Mantu Paswan died after one month of the incident, but in Postmortem report, no any external injury was found. Further submission is that while petitioner is named in the F.I.R. by the informant, but no specific overt act has been attributed against the petitioner. The injury of remaining injured are of simple in nature. The petitioner has no criminal antecedent and he is in custody since 21.03.2020. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Dalsingsarai at Samastipur in connection with Dalsingsarai (Ghataho) P.S. Case No. 233 of 2016.
(Rajendra Kumar Mishra, J) manish/- U T