Ramnarayan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79361 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- DARPA District- East Champaran ====================================================== RAMNARAYAN PASWAN, Son of Brahmdeo Paswan, Resident of Village - Rajpur, P.S.- Darpa, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report of Radhika Kunwar submitted before the Station House Officer, Motihari Town Police Station is to the effect that on 09.01.2019 at 9.00 A.M. when she was sitting at the door, the accused person, including the petitioner, came variously armed and raised issue with regard to sell of the land by the informant to one Mahesh Rai. On protest being made, co-accused, Rajbanshi Paswan assaulted on the head of Mahesh Rai with farsa, causing bleeding injury whereas the petitioner, Ram

Patna High Court CR. MISC. No.79361 of 2019(2) dt.14-02-2020 2/3 Narayan Paswan and co-accused, Jyoti Narayan Paswan assaulted on the abdomen of Sonam Devi while other accused persons are alleged to have assaulted Uma Devi brutally and snatched a gold ear rings from her wroth Rs.15,000/-. It is submitted by learned counsel for the petitioner that in the background of land dispute, the accusation has been levelled against the petitioner and others and Sonam Devi, who is alleged to have been assaulted by the petitioner and other coaccused persons, has not received any injury while the injury of Mahesh Rai has been found superficial, simple in nature. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the petitioner is named in the FIR.

Considering the fact that the accusation of assault alleged to have been caused by the petitioner is not corroborated by the medical opinion and coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.79361 of 2019(2) dt.14-02-2020 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Raxaul, East Champaran at Motihari, in connection with Darpa P.S. Case No.7 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T