Ram Lal Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50218 of 2015 Arising Out of PS.Case No. -207 Year- 2015 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================
1. Ram Lal Paswan Son of Laxman Paswan
2. Ram Kailash Paswan Son of Laxman Paswan
3. Ram Kumar Paswan Son of Ram Bilash Paswan
4. Ram Bilash Paswan Son of Laxman Paswan
5. Ajay Kumar @ Ajay Paswan Son of Ram Kailash Paswan
6. Raj Kumar @ Raj Kumar Paswan Son of Ram Bilash Paswan All Residents of village - Chapaith, P.S. Goraul ( Kathara O.P. ), District - Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-11-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379 of the Indian Penal Code.
The prosecution case is that twelve accused persons including the petitioners came variously armed when petitioner No. 2 assaulted with iron rod on the head of the informant when others assaulted the informant with lathi and slaps. When Sahi Paswan came to rescue then he was assaulted by petitioner No. 6 with iron rod causing injury on
Patna High Court Cr.Misc. No.50218 of 2015 (2) dt.06-11-2015 2/3 his head. Co-accused Rakesh Paswan assaulted with Garasa on the head of Shaila Devi. Petitioner No. 1 assaulted with sickle on the head of Rajia Devi. The petitioner No. 6 assaulted with iron rod on the nose of the Pramila Devi. Co-accused Vijay Paswan assaulted with iron rod on the head of Vikash Paswan. Co-accused Rakesh Paswan tore the cloths of Pratima Devi and snatched gold chain worth Rs. 40,000/-. The accused persons took away articles from the house of the informant. It is submitted by learned counsel for the petitioners that for the occurrence of 19.06.2015 the First Information Report was registered on 23.06.2015 which reached to the Court of learned Additional Chief Judicial Magistrate on 26.06.2015 which reflects that by anti-dating the F.I.R was registered.
There is counter version of the occurrence and petitioners' side lodged the case at earlier point of time when petitioners' side also received injuries. Considering the delayed lodging of the case and the case lodged by the petitioners' side at earlier point of time, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Goraul(Kathara O.P.) P.S. Case No.
Patna High Court Cr.Misc. No.50218 of 2015 (2) dt.06-11-2015 3/3 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T