Ranjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55552 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- MUSAHARI District- Muzaffarpur ====================================================== RANJEET PASWAN, aged about 42 years, Gender-Male, Son of Babulal Paswan, Resident of Village-Vishunpur, P.S.- Mushari, Dist.- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Thakur and Mr. Krishna Chandra, Advocates.

For the State :

Mr.Md. Matloob Rab, A.P.P.

For the Informant : Mr. Ravi Ranjan, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner is languishing in custody since 23.04.2019 in a case for the offence registered under Sections 307 and 326(A)/34 of the IPC.

The prosecution story, in brief, is that on 21.04.2019, while the informant was sleeping with his nephew Rakesh Kumar in his Dera at 12.00 P.M. in the night, in the meantime, Ranjeet Paswan (petitioner) and Krishna Devi both came and inserted cloth inside the mouth of the informant and brought him on his shoulder to their house where they tied his hand and also assaulted him. In the meanwhile, his nephew Rakesh Kumar raised hulla, upon which, his mother Lalo Devi, Birendra

Patna High Court CR. MISC. No.55552 of 2019(2) dt.04-09-2019 2/3 Singh, Raj Kumar Rai, Raju Rai reached there and tried to save him upon which, Krishna Devi given a Gallon containing Acid to Ranjeet Paswan (petitioner) who poured the Acid on his head. Thereafter, villagers brought him to Medical Hospital for treatment. Earlier also, land dispute was taken place in which Ranjeet Paswan (petitioner) had threatened.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The injury report does not indicate whether nature of injury is grievous or simple. Hence, it cannot be ascertained whether offence under Section 307 of the IPC is made out or not. It is further submitted that the petitioner may be released on bail after completion of eight months in custody. On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of eight months in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.55552 of 2019(2) dt.04-09-2019 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate-15-cum-Sub Judge-16, Muzaffarpur, in connection with Mushari P.S. Case No. 117 of 2019.

U.K./- (Sudhir Singh, J) U T