Ramanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79015 of 2019 Arising Out of PS. Case No.-342 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

RAMANAND PASWAN, aged about 45 years (M) Son of Tila Paswan. 2.

Surendra Paswan, aged about 38 years (M), Son of Devanand Paswan. 3.

Arvind Paswan, aged about 30 years (M), Son of Devanand Paswan. 4.

Dharamjit Kumar @ Dharmdeep Kumar Paswan, aged about 29 years (M), Son of Devanand Paswan.

5.

Arun Kumar, aged about 27 years (M), Son of Devanand Paswan. 6.

Sunil Kumar, aged about 22 years (M), Son of Ramanand Paswan. 7.

Sunny Kumar, aged about 18 years (M), Son of Ramanand Paswan. All resident of Village- Chaknur, P.S. Hajipur Sadar, DistrictVaishali. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Hajipur Sadar P.S. Case No. 342 of 2019, registered for the offence under Sections 147, 148, 149, 341, 323, 307, 354, 385, 379, 504 and 427 of the Indian Penal Code and under Section 27 of the Arms Act.

Allegation has been made that on 30.05.2019 at about 4:00 P.M. the accused persons formed an unlawful assembly, holding different weapons came to the field of the informant and on the threat, they destroyed the Banana trees and took away the banana bunches. When the informant objected,

Patna High Court CR. MISC. No.79015 of 2019(3) dt.11-12-2019 2/2 the accused-Ramanand Paswan, with an intention to kill him started pressing his neck. On alarm, when the mother and wife of the informant came there, the accused persons also assaulted them.

Learned counsel for the petitioners submits that it is nothing but, an attempt to implicate all the family members in the present case. However, the photographs, which is the part of the F.I.R., itself shows that accused-Sunil Kumar was brandishing the revolver and resorted to firing. At the same time, Surendra Paswan was showing his male genital to the wife and mother of the informant.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for bail is rejected. However, if the petitioners surrender before the Court below within four weeks from today and pray for regular bail, the Court below will consider the same and pass appropriate order on the same day without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T