Ram Sagun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65683 of 2022 Arising Out of PS. Case No.-23 Year-2021 Thana- BHEJA District- Madhubani ====================================================== Ram Sagun Paswan, S/o Late Ram Khelawan Paswan, Resident of villageSundarpur Bakua, P.S.- Bheja, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 386, 307, 427, 504, 506/34 of the I.P.C. and 27 Arms Act. The petitioner and his companions are alleged to have opened fire upon the informant and his brother on account of protest being made by the informant with regard to the crops which were stated to be destroyed by the petitioner and others for not fulfillment of demand of ransom.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that no specific allegation of assault or any over act is attributed to the petitioner rather there is general and omnibus allegation against the

Patna High Court CR. MISC. No.65683 of 2022(2) dt.16-03-2023 2/3 petitioner. He further submits that the specific allegation of firing is against the co-accused, namely, Sajjan Yadav. He further submits that the petitioner is Ex-Mukhiya of the Gram Panchayat and on account of of political rivalry, he has been implicated in this case. He further submits that the police, after investigation, submitted charge sheet against the petitioner and the petitioner is in custody since 15.05.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries four more cases other than the present one.

Considering the aforesaid facts and circumstances, 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 Court below where the case is pending in connection with Bheja P.S. Case No. 23/2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.65683 of 2022(2) dt.16-03-2023 3/3

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) kamlesh/- U T