Babu Saheb Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58245 of 2019 Arising Out of PS. Case No.-1145 Year-2017 Thana- SAHARSA District- Saharsa ====================================================== BABU SAHEB PASWAN Son of Baijnath Paswan Resident of Village - Laukahi, P.S.- Bihra, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Saharsa Sadar Police Station Case No.1145 of 2017 registered under Sections 341, 323, 324, 307, 384, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that on 01.11.2017 at about 07.00 P.M., the informant was returning to his house on motorcycle. In the way, five-six persons, named in the F.I.R., including the petitioner surrounded the informant. Thereafter, on the order of Luxmi Paswan, Rahul Paswan caused assault at the leg of the informant through lathi, wherepon Satrughan Paswan caused blood oozing injury through Dabia at the head of the informant.

Patna High Court CR. MISC. No.58245 of 2019(2) dt.16-09-2019 2/3 In the meantime, Pankaj Paswan, this petitioner and Hareram Paswan while abusing the informant started to cause assault him through legs and slaps. At that time, Pankaj Paswan, Hareram Paswan and Rahul Paswan demanded ransom of Rs.5,00,000/- from the informant, giving threatening of dire consequences. When the informant showed his inability to fulfill their aforesaid demand of ransom, then Rahul Paswan, Hareram Paswan and Shatrughan Paswan took Rs.10,000/- from his pocket and Rahul Paswan also took the mobile phone of the informant.

Learned counsel for the petitioner submits that the petitioner and the informant are co-villager, while the informant, at present, along with his family used to reside at villageGautam Nagar Gangjala, P.S. and District-Saharsa. Due to land dispute, the petitioner has falsely been implicated in this case. Further submission is that the similarly situated co-accused Shatrughan Paswan has already been allowed the privilege of pre-arrest bail by a Bench of this Court vide order dated 28.06.2018 passed in Criminal Misc. No.29397 of 2018. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.58245 of 2019(2) dt.16-09-2019 3/3 arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar Police Station Case No.1145 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T