Pramod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.544 of 2019 Arising Out of PS. Case No.-273 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== Pramod Paswan S/o Mukha Paswan resident of Village- Dharmpur, P.S. Bathnaha, Dist- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sri Krishna Ranjan For the Opposite Party/s :

Mr.Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Riga P.S. Case No. 273/2018, instituted for offences under Section(s) 147, 148, 149, 341 and 302 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that for the occurrence of same day, written report has been lodged by the petitioner himself alleging therein that miscreants had surrounded him and attempted to rob him. One of the miscreant was apprehended by the villagers, who was brutally assaulted by mob and subsequently died during course of treatment. Aforesaid F.I.R. was lodged by the petitioner on 09.09.2018, on the basis of which Riga P.S. Case No. 272/2018 was registered.

Learned counsel for the petitioner has submitted that after death of aforesaid apprehended miscreant, F.I.R. has been lodged by Chaukidar on 10.09.2018 vide Riga P.S. Case No. 273/2018.

Patna High Court CR. MISC. No.544 of 2019(3) dt.08-03-2019 2/2 In the instant case almost similar allegation has been levelled that on the date of occurrence petitioner was surrounded by four miscreants. They attempted to rob the petitioner but on hulla villagers arrived and caught hold one of the miscreant. He was brutally assaulted by the petitioner along with 100-150 villagers. In this manner, from the written report itself, it appears that there is no allegation of specific overt act against this petitioner. Petitioner is in custody since 13.09.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Riga P.S. Case No. 273/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T