Umanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31549 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.

Umanand Paswan, Male, aged about 50 years, Son of Late Ramji Paswan, Resident of Village - Hingwa Got, Ward No.15, P.S.- Bhargama, Dist.- Araria.

2.

Nipaniyawali @ Kamiya Devi, Female, aged about 60 years, W/o Late Gonar Paswan Resident of Village - Hingwa Got, Ward No.15, P.S.- Bhargama, Dist.- Araria.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Anil Prasad Singh, Advocate.

For the Opposite Party :

Mr.Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are languishing in custody since 15.02.2019 in a case for the offence registered under Sections 144, 147, 148, 149, 152, 186, 188, 342, 323, 325, 307, 353, 467, 468, 471, 332, 333, 329, 337, 504 and 506 of the IPC. The prosecution story, in brief, is that the petitioners and other co-accused were involved in forcefully constructing of a Temple. On protest by the government officials, they started abusing the government officials and assaulted them with LathiDanda, bow and arrow and stones causing head injuries. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.31549 of 2019(2) dt.13-05-2019 2/2 petitioners that the petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are said to be members of unlawful assembly. No allegation of assault is alleged against the petitioners. Other co-accused have been granted bail by another Co-ordinate Bench of the Court vide Cr. Misc. No. 24512 of 2019 order dated 16.04.2019 and Vide Cr. Misc. No. 28915 of 2019 order dated 01.05.2019.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Araria, in connection with Bhargama P.S. Case No.18/2019. (Sudhir Singh, J) U.K./- U T