Ramanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30244 of 2018 Arising Out of PS. Case No.-328 Year-2017 Thana- BIRPUR District- Supaul ====================================================== Ramanand Paswan, Son of Late Sukhi Paswan, Resident of Nathbari (Tulsipatti), P.S.- Balua, District- Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Birpur (Balua Bazar) P.S. Case No. 328 of 2017 registered for offences under sections 147, 341, 323, 307, 379, 385, 506 of the Indian Penal Code. As per allegation, the Informant was cultivating his land, in the meantime, the accused persons came there and asked to pay Rs. 1,00,000/- otherwise, he will not be allowed to cultivate the land. On refusal, the accused persons have assaulted the Informant and his family members. As per allegation, the petitioner has caused injury on the head of the Informant which is simple in nature. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.30244 of 2018(2) dt.17-05-2018 2/2 there is a case and counter case, the Informant side was the aggressor and they forcibly evicted the petitioner from cultivating the land.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Ramanand Paswan, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 learned Additional Chief Judicial Magistrate, Birpur (Supaul) in connection with Birpur (Balua Bazar) P.S. Case No. 328 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T