← Library
Patna High CourtCR. MISC./76628/2019partly allowed disposal

Ramdeyal Paswan @ Ram Dayal Paswan v. The State Of Bihar

2019-11-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76628 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- GOH District- Aurangabad ====================================================== 1.

RAMDEYAL PASWAN @ RAM DAYAL PASWAN Son of Late Janeshwar Paswan Resident of Village - Neyamatpur Tola Sahpur, P.S.- Goh, District - Aurangabad.

2.

Brahmdeo Paswan Son of Late Janeshwar Paswan Resident of Village - Neyamatpur Tola Sahpur, P.S.- Goh, District - Aurangabad. 3.

Indradeo Paswan Son of Late Janeshwar Paswan Resident of Village - Neyamatpur Tola Sahpur, P.S.- Goh, District - Aurangabad. 4.

Basant Paswan Son of Late Janeshwar Paswan Resident of Village - Neyamatpur Tola Sahpur, P.S.- Goh, District - Aurangabad. 5.

Rahul Paswan Son of Basant Paswan Resident of Village - Neyamatpur Tola Sahpur, P.S.- Goh, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-11-2019 Heard counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Goh P.S. Case No. 153 of 2019 for offences under Sections 307, 341, 323, 325, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioners submits that the petitioners have no criminal antecedent. Referring to the prosecution case he submits that there is allegation of assault against the petitioner No. 1 only and there is no any overt act

Patna High Court CR. MISC. No.76628 of 2019(2) dt.27-11-2019 2/2 against the petitioner Nos. 2 to 5.

Considering the facts that there is no overt act against the petitioner Nos. 2 to 5, the court is inclined to enlarge the petitioner No. 2 to 5 on bail. Let the petitioner Nos. 2 to 5, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M. Daudnagar, District-Aurangabad in connection with Goh P.S. Case No. 153 of 2019 subject to the conditions as laid down under Section 438(2) Cr. P. C.

So far as the petitioner No. 1, Ramdeyal Paswan @ Ram Dayal Paswan is concerned, the Court is not inclined to grant him the privilege of anticipatory bail. His prayer is accordingly rejected. However, liberty shall be available to petitioner no. 1 to surrender before the court below and the court below is directed to dispose of his bail application on surrender on its own merit on the same day without being influenced by this order.

(Anil Kumar Upadhyay, J) spandey/- U T