Raj Kapoor Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22720 of 2018 Arising Out of PS.Case No. -86 Year- 2017 Thana -MARKAHI District- KHAGARIA ======================================================

1. Raj Kapoor Paswan, S/o Mahesh Paswan

2. Rajiv Paswan, S/o Mahesh Paswan

3. Abhimanyu Paswan, S/o Angad Paswan

4. Rudal Paswan,

5. Angad Paswan

6. Shankar Paswan,

7. Pukar Paswan @ Ram Pukar Paswan All 4 to 7 Sons of Late Shravan Paswan

8. Sahju Paswan,

9. Jitendra Paswan

10. Chandrahas Paswan @ Chandrahas Kumar, All 8 to 10 sons of Pukar Paswan, All R/o Village- Anand pur Naren Dih (O.P. Amousi) P.S.- Morkahi, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2018 None appears on behalf of the parties.

In this case the petitioners are seeking pre-arrest bail in Morkahi P.S. Case No.86 of 2017 corresponding to G.R.No.1745 of 2017 for the offence under Sections 147, 148, 149, 341, 323, 379/34 of I.P.C. and Section 27 of the Arms Act. As per the F.I.R. the allegation is that with respect to the land dispute of 7 bighas, 18 kathas and 7 dhurs accused persons

Patna High Court Cr.Misc. No.22720 of 2018 (2) dt.26-04-2018 2/3 having variously armed had raided the standing crops and wanted to harvest the same which happens to be of the complainant. Specially Rajkapur had abused the complainant and told them to leave the place otherwise they will be killed. Allegation against the other accused persons is that Pukar Paswan caught hold of the hands of the complainant and put him down on the ground. Further it has alleged that they had taken the grain causing loss of Rs.75,000/-.

From the record it appears that there is land dispute between the parties.

Looking to the fact of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of S.D.J.M. Khagaria, in Morkahi P.S.Case No.86 of 2017 corresponding to G.R.No.1745 of 2017 subject to the conditions as laid down under section 438(2) of Cr.P.C. and further condition is that whenever the police will call the petitioner, they will present himself for the purpose of investigation, in the event of being absent on two consecutive

Patna High Court Cr.Misc. No.22720 of 2018 (2) dt.26-04-2018 3/3 dates without reasonable explanation, the court below will be at liberty to cancel his bail bond.

(Shivaji Pandey, J) AnilKrSinha/- U