Rameshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58834 of 2022 Arising Out of PS. Case No.-188 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== Rameshwar Paswan Son of Bhajan Paswan Resident of Village- Dostiya, P.S.- Sonbarsa, Districts- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 188 of 2022 registered for the offence under Sections 147, 148, 149, 340, 323, 332, 333, 353, 307, 504, 506 of the I.P.C. and Sections 37(ii), 45 of the Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 22.06.2022.

The allegation against the petitioner is to rescue three persons alleged to be consumed liquor from police custody along with 33 named and 50-52 unnamed co-villagers, with

Patna High Court CR. MISC. No.58834 of 2022(2) dt.19-11-2022 2/3 further allegation to snatch rifle from police personnels. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in present case. It is further submitted that petitioner who is a man of clean antecedent named in this case only for the reason as he tried his best to persuade police personnels to not take action against innocent persons/villagers. It is also pointed out that allegation of snatching rifle is only for the purpose of aggravating the allegations which is otherwise not appearing true on its face as to commit by old person as petitioner aged about 65 years suffering from many diseases like TB, Diabetes etc. and moreover the rifle alleged to be snatched taken back immediately on the spot itself from this petitioner. While concluding the argument, it has been submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of the allegation, where petitioner is in custody since 22.06.2022, coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is

Patna High Court CR. MISC. No.58834 of 2022(2) dt.19-11-2022 3/3 directed to be released on bail in connection with Sonbarsa P.S. Case No. 188 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-1, Sitamarhi/concerned Court, subject to the following conditions:

"(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Pramod Paswan, who is the son of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Archana/- U T