Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50509 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== 1.

Sanjay Paswan, Son of Sadhu @ Jagdish Paswan, Resident of VillagePaharpura, P.S.-Bihar, District-Nalanda. 2.

Pappu Paswan, Son of Ramprit Paswan, Resident of Village-Paharpura, P.S.- Bihar, District-Nalanda.

3.

Dara Paswan @ Dare Paswan, Son of Ramuchit Paswan, Resident of Village-Paharpura, P.S.-Bihar, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Prasad For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bihar P.S. Case No. 232 of 2019, registered under Sections 341, 323, 504, 506, 387 and 354(B)/34 of the Indian Penal Code.

The accusation is that five persons named in the F.I.R. including the petitioners and 2-3 unknown entered in the house of the informant, Akhilesh Choudhary and started to abuse and made demand of Rs.20,000/- as ransom giving threatening to kill him. When the informant showed his inability

Patna High Court CR. MISC. No.50509 of 2019(2) dt.14-08-2019 2/3 then on instruction of Sanjay Paswan (petitioner no.1), all started to cause injury to him. When his father came there to save him then Satendra Pandit dashed him, in which, his father sustained injury at his hand. Thereafter, wife of informant made request to set free the informant then Satendra Pandit, Promod Pandit and Sanjay Paswan (petitioner no.1) started to abuse and laid down on earth by catching her heir. In the meantime, police came there then they succeeded to flee away.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that while the occurrence took place on 12.04.2019 but the F.I.R. has been lodged by the informant on 14.04.2019 after two days. In fact, informant took loan of Rs.10,000/- from Sanjay Paswan (petitioner no.1) and petitioner no. 1 asked the informant to return the aforesaid money but the informant has not return the same and only to give undue pressure, the present case has been lodged with false allegation.

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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.50509 of 2019(2) dt.14-08-2019 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 232 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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