Gopal Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.11212 of 2016 (2) dt.02-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11212 of 2016 Arising Out of PS.Case No. -454 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ====================================================== Gopal Paswan son of Mahendra Paswan, resident of Village- Rahua, P.S.- Sourbazar, District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra, Advocate For the Opposite Party : Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner, learned counsel for the Informant and learned counsel for the State. The petitioner is apprehending his arrest in connection with Sourbazar P.S. Case No. 454 of 2015 for the offences instituted under Sections 147, 149, 341, 323, 324, 307, 427, 504 and 506 of the Indian Penal Code and Sections 3(i)(x) of the SC/ST(Prevention of Atrocities)Act.

As per prosecution case, in brief, is that on 18.11.2015 at 11.30 A.M. the informant was going to answer the nature call of his land, he was the accused, namely, Raja Ram Yadav and Manju Devi were cutting his paddy crop and he protested them and all the other accused persons armed with deadly weapon surrounded the informant and began to assault with intention to kill him.

Patna High Court Cr.Misc. No.11212 of 2016 (2) dt.02-05-2016 It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is admittedly enmity between the parties. General and omnibus allegation has been made against the petitioner. No specific injury has been attributed against the petitioner.

On behalf of the State and the counsel for the Informant, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 in connection with Sourbazar P.S. Case No. 454 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T