Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67313 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- DHAKA District- East Champaran ====================================================== 1.

Sunil Paswan, Son of Bharat Paswan Resident of Village- Gambhariya, P.S.- Dhaka, District- East Champaran.

2.

Subodh Paswan, Son of Bharat Paswan Resident of Village- Gambhariya, P.S.- Dhaka, District- East Champaran.

3.

Sujit Paswan, Son of Bharat Paswan Resident of Village- Gambhariya, P.S.- Dhaka, District- East Champaran.

4.

Bharat Paswan, S/o Late Ganesh Paswan Resident of Village- Gambhariya, P.S.- Dhaka, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate.

For the Informant : Mr. Rakesh Kumar, Advocate. For the State :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dhaka P.S. Case No. 209 of 2019 registered under Sections 307, 379/34 and other allied Sections of the Indian Penal Code. The accusation is that while the informant, Asarfi Sah, was going to his shop then in the way, Sunil Paswan (petitioner no.1), Subodh Paswan (petitioner no.2) and Sujit Paswan (petitioner no.3) caught hold him. Thereafter, Bharat Paswan (petitioner no.4) gave knife blow at his back. On raising alarm, his son, Ramesh Sah, came

Patna High Court CR. MISC. No.67313 of 2019(2) dt.14-11-2019 2/2 there then he was also assaulted by them. In the meantime, they also snatched the gold chain from the neck of his son. Thereafter, villagers rushed him at the hospital for treatment.

Learned counsel for the petitioner submits that, in fact, informant used to sell the liquor in front of the house of the petitioners due to that reason, protest was made and scuffle took place, in which, informant and his son sustained simple injury but the present case has been lodged with ulterior motive. Moreover, regarding the same occurrence, Dhaka P.S. Case No. 208 of 2019 was also instituted on the basis of Fradbeyan of petitioner no.4, Bharat Paswan against the informant and his other family members. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned S.D.J.M., Sikarhana at Dhaka, East Champaran, in connection with Dhaka P.S. Case No. 209 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T