Indal Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15629 of 2016 Arising out of PS.Case No. -264 Year- 2015 Thana -BELDAUR District- KHAGARIA ======================================================

1. Indal Paswan, Son of Jagan Paswan.

2. Sajjan Paswan, Son of Late Mohit Paswan.

3. Anil Paswan, Son of Sajjan Paswan.

4. Dhrub Paswan, Son of Jagdish Paswan.

5. Subhash Paswan, Son of Rajendra Sah All R/o Village Bobil, P.S. Beldaur, District Khagaria.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Binod Kumar, Advocate. For the Opposite Party : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Beldaur P.S. Case No. 264 of 2015 for the offences instituted under Sections 447, 341, 323, 307, 354(A), 504/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 28.11.2015, Sajjan Paswan constructing house in the side of the informant, then the informant filed a petition before the Anchal Adhikari and the Anchal Adhikari ordered to stop the construction of house on the land of the informant and advised for measurement of land but the accused persons did not obey the order of the Anchal Adhikari. On protest being made by the informant, he was abused. On

Patna High Court Cr.Misc. No.15629 of 2016 (2) dt.03-05-2016 2/2 29.11.2015, when the informant was returning from Beldaur Market then petitioners and others made firing upon him with intention to kill him. Anyhow, he was saved. The accused persons also abused at the house of the informant and dragged his mother and threatened.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is admitted land dispute between the parties. No one is said to have been injured in course of occurrence.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Beldaur P.S. Case No. 264/2015 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 C.J.M., Khagaria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T