Prakash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26474 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ====================================================== Prakash Ram, Son of Late Bharat Ram, Resident of Village Raghepura, P.S. Bahadurpur, District- Darbhanga at present residing at Gharaura, P.S. Bahera, District- Darbhanga.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bahadurpur P.S. Case No. 75 of 2017, registered under Sections 147, 148, 149, 341, 342, 323, 324, 307 and 302 of the Indian Penal Code.

The accusation is that, on 13.03.2017, at about 3.40 P.M., Vishnu Paswan, nephew of the informant, was returning to his house, in the way, 21 persons named in the F.I.R. including the petitioner armed with weapons surrounded him. At that time, on the order of Kamleshwar Paswan, Ram Mohan Paswan, and Ram Prit Paswan caused injury to his nephew through dagger, in which,

he fell down. When the informant came to know that aforesaid persons has also gone to his house and assaulted to his family members then he went at his house and at that time his another nephew, Praveen Paswan, came to save them then Bhim Paswan and Bindeshwar Paswan caused injury to him through dagger. Thereafter, the informant also rushed to save them then Raja Paswan, Golu Paswan, Gauri Shankar Paswan caused injury to him through iron rod. At that time, Gauri Shankar Paswan and Rabindra Paswan also caused injury through lathi and stick to the female members of the informant.

Learned counsel for the petitioner submits that petitioner is also the co-villagers of the informant and the informant has not disclosed the name of the petitioner in the F.I.R., but in course of investigation, in his re-statement, he disclosed the name of the petitioner as a member of mob. Learned counsel for the informant submits that in course of investigation, mother of Vishnu Paswan, has disclosed the name of the petitioner as the assailant of her deceased son. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 Sub-Divisional Judicial Magistrate, Darbhanga at Laheriasarai, in connection with Bahadurpur P.S. Case No. 75 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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