Deepak Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62460 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.
DEEPAK PASWAN SON OF BADRI PASWAN R/V- VILLAGEBASANTPUR, P.S.- MATIYARIYA, DISTT.- WEST CHAMPARAN 2.
JANTRI DEVI @ Janitar Devi WIFE OF BADRI PASWAN R/VVILLAGE- BASANTPUR, P.S.- MATIYARIYA, DISTT.- WEST CHAMPARAN 3.
SURENDRA THAKUR SON OF VISHWANATH THAKUR R/VVILLAGE- BASANTPUR, P.S.- MATIYARIYA, DISTT.- WEST CHAMPARAN 4.
AMRIKA MAHTO SON OF LATE CHANA MAHTO R/V- VILLAGEMANPUR, P.S.- MATIYARIYA, DISTT.- WEST CHAMPARAN 5.
BADRI PASWAN SON OF LATE TAPASI PASWAN R/V- VILLAGEBASANTPUR, P.S.- MATIYARIYA, DISTT.- WEST CHAMPARAN 6.
BUNILAL PASWAN SON OF LATE LAKSHMAN PASWAN R/VVILLAGE- BASANTPUR, P.S.- MATIYARIYA, DISTT.- WEST CHAMPARAN 7.
MEERA DEVI WIFE OF PINTU MAHTO R/V- VILLAGE- BADGO, P.S.- SHIKARPUR, DISTT.- WEST CHAMPARAN 8.
MUNNI DEVI WIFE OF KHADARU MAHTO R/V- VILLAGEBASANTPUR, P.S.- MATIYARIYA, DISTT.- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Harendra Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 420, 467, 468 , 471 , 120 B and 506 of the Indian Penal Code .
Patna High Court CR. MISC. No.62460 of 2024(2) dt.24-09-2024 2/3 3 . It is alleged that despite prohibitory orders passed by this Hon'ble High Court , all the accused persons named in the F.I.R., purchased the land in question and when informant raised objection , all the accused persons threatened to kill him.
4. It is submitted on behalf of the petitioners that petitioner Nos. 2, 4, 7 and 9 are buyer of the land in question whereas petitioner Nos. 1 and 5 are son and husband of petitioner No. 2 , petitioner No. 8 is witness of the sale deed and petitioner Nos. 3 and 6 are co-villagers who had nothing to do with the alleged occurrence . He further submits that these petitioner have purchased the land in question only after dismissal of I. A application by the Hon'ble High Court which was filed by mother of informant. It is lastly submitted that several title suits are pending between both the parties. Petitioners are the bonafide purchasers of the land in question . There is delay of four months in lodging this case which itself creates doubt over the entire prosecution case . Petitioners claim clean antecedent.
5. Learned counsel for the State oppose the bail petition.
6 Considering the aforesaid facts, clean antecedents of these petitioners and other circumstances of the case , in the
Patna High Court CR. MISC. No.62460 of 2024(2) dt.24-09-2024 3/3 event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Bettiah West Champaran in connection with Bettiah Town P.S. Case No. 54 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T