Pritam @ Doman Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60536 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- SAKURABAD District- Jehanabad ====================================================== 1.

PRITAM @ DOMAN PASWAN S/o Late Raghuni Paswan R/o villageFaridpur, P.S.- Shakurabad, District- Jehanabad 2.

Pankaj Paswan S/o Late Jagat Paswan @ Late Jagatanand Paswan R/o village- Faridpur, P.S.- Shakurabad, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Rajeev Nayan(App.231) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2019 Heard both sides.

Petitioners apprehend their arrest in Shakurabad P.S. Case No.27 of 2019 registered under Sections 147, 148, 149, 341, 323, 337, 338, 353, 504 and 506 of the Indian Penal Code. The informant alleged that he got information that some persons had taken wine and they were creating hue and cry due to which tension between two communities was prevailing. On such information, the police went there and saw that Rupa Devi, her husband Ramesh Paswan and others including the petitioners were scuffling with each other. After seeing the police, they started pelting stones upon the police. Learned counsel for the petitioners submits that the petitioners are of course named in the F.I.R. but the informant himself alleged in the F.I.R. that Rupa Devi, her husband Ramesh Paswan and Devi Lal Paswan (brother-in-law of Rupa

Patna High Court CR. MISC. No.60536 of 2019(2) dt.15-10-2019 2/2 Devi) misbehaved with the police officials and assaulted them. No allegation is made against the petitioners. Nobody became injured in the occurrence.

Having considered the facts and the nature of allegations made against the petitioners and the fact that of course the petitioners are named in the F.I.R. but the informant did not make any allegation of assault against the petitioners although the informant made allegation of assault against Rupa Devi, her husband and brother-in-law, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Shakurabad P.S. Case No.27 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T