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Patna High CourtCR. MISC./44465/2019bail granted

Bilat Paswan @ Vilat Paswan v. The State Of Bihar

2019-07-19Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44465 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== BILAT PASWAN @ VILAT PASWAN, Son of Late Ram Autar Paswan @ Ram Autar Pawan Resident of village- Banua, Police Station- Minapur, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Manoj Kumar, Advocate, For the informant :

Dr. Alok Kumar, Advocate, For the State :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2019 Heard learned counsel appearing for the petitioner, learned counsel appearing for the informant and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Minapur P.S. Case no. 137 of 2019, registered under Sections 147, 148, 149, 341, 323, 324, 307 and 384 of the Indian Penal Code.

The accusation is that on 21.03.2019 at 4.30 P.M., when informant along with his cousin brother Binod Rai were going to his house from Dera and when they reached near the house of Sakal Rai then seven persons named in the F.I.R., including the petitioner, surrounded them and Suresh Ram ordered to kill them. Thereafter, Binod Rai started fleeing, but

Patna High Court CR. MISC. No.44465 of 2019(2) dt.19-07-2019 2/3 this petitioner caught hold his hands from behind and Raghubir Ram gave Chhura blow at the stomach of Binod Rai, cousin brother of the informant, as a result thereof, he fell down on the ground and become unconscious. On raising alarm, nearby people rushed there then all the accused persons fled away from there making firing. The occurrence took place due to non-fulfillment of demand of ransom made by the petitioner. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the allegation of causing Chhura blow on the stomach of Binod Rai, cousin brother of the informant, is against co-accused Raghuvir Ram and petitioner has falsely been implicated in this case making allegation that he caught hold Binod Rai from behind and demanded ransom. Further submission is that the petitioner has no criminal antecedent.

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 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, West Muzaffarpur in connection with Minapur P.S. Case No.

Patna High Court CR. MISC. No.44465 of 2019(2) dt.19-07-2019 3/3 137 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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