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Patna High CourtCR. MISC./41236/2019bail granted

Yogendra Paswan v. The State Of Bihar

2019-07-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41236 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- PIPRA District- East Champaran ====================================================== 1.

Yogendra Paswan, Son of Joka Paswan Resident of Village - Tikuliya, P.S. - Tikuliya, District - East Champaran.

2.

Gurudev Ram @ Gurudeo Ram Son of Rambriksh Ram Resident of Village - Tikuliya, P.S. - Tikuliya, District - East Champaran. 3.

Chandan Kumar Gaurav @ Chandan Kumar Ram Son of Gurudeo Ram Resident of Village - Shankar Saraiya, P.S. - Turkauliya, District - East Champaran.

4.

Sanjay Sahani Son of Yadolal Sahni Resident of Village - Chintamanpur, P.S. - Pipra Kothi, District - East Champaran. 5.

Lalbabu Sahani @ Rambabu Sahani Son of Ramashray Sahani Resident of Village - Chintamanpur, P.S. - Piprakothi, District - East Champaran. 6.

Ram Bhawani Sahani Son of Awadh Bihari Sahani Resident of Village - Tikuliya, P.S. - Tikuliya, District - East Champaran. 7.

Ram Kumar Sahani @ Raj Kumar Sahani Son of Bihari Sahani Resident of Village - Tikuliya, P.S. - Tikuliya, District - East Champaran. 8.

Ram Pravesh Sahani Son of Bihari Sahani Resident of Village - Tikuliya, P.S. - Tikuliya, District - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Sagarika, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pipra P.S. Case no. 308 of 2018, registered under Sections 147, 148, 149, 188, 353, 447, 327, 386 and 506 of the Indian Penal Code.

The accusation is that Ramesh Ram and Ramswaroop Ram of village Tikuliya Chintamanpur along with

Patna High Court CR. MISC. No.41236 of 2019(2) dt.04-07-2019 2/2 others were making attempt to install the statue of Baba Saheb Bhimrao Ambedkar over the government land with intention to encroach the land, while they were convinced, but in spite of that 21 persons name in the F.I.R., including the petitioners, and others put the statue on the government land. Learned counsel for the petitioners submits that, although, petitioners are named in the F.I.R., but no specific overt act has been attributed against the petitioner. Further submission is that petitioners have no criminal antecedent.

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) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra P.S. Case No. 308 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T