Partly allowed

Ramashish Paswan @ Ramashish Ram @ Ramashish Paswan Ram and Ors. v. The State of Bihar

Patna HC24 Apr 2019CR. MISC./9143/2019

Case brief

AI extract

What is this about?

This court dismissed the anticipatory bail application as withdrawn regarding specific petitioners who were on bail but arrested during pendency. For others, the court refused anticipatory bail due to the nature of allegations and directed surrender for regular bail in the lower court, noting the existence of a parcha in their favor.

What did the court decide?

Application dismissed as withdrawn regarding some petitioners; refusal of anticipatory bail to others with direction to surrender for regular bail in lower court.

Ramashish Paswan @ Ramashish Ram @ Ramashish Paswan Ram and… — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9143 of 2019

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Arising Out of PS. Case No.-40 Year-2018 Thana- FESHAR District- Aurangabad

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======================================================

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Ramashish Paswan @ Ramashish Ram @ Ramashish Paswan Ram and Ors Son of Late Tufani Ram Resident of Village and P.O. - Ibrahimpur, P.S.Fesar, District- Aurangabad.

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Jagan Paswan Son of Late Bhawnathi Paswan Resident of Village and P.O. - Ibrahimpur, P.S.- Fesar, District- Aurangabad.

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Vijay Paswan Son of Late Laxman Paswan Resident of Village and P.O. - Ibrahimpur, P.S.- Fesar, District- Aurangabad.

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Ramji Paswan Son of Late Durjan Paswan Resident of Village and P.O. - Ibrahimpur, P.S.- Fesar, District- Aurangabad.

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Ram Prasad Paswan Son of Late Ram Khelawan Paswan @ Khelawan Paswan Resident of Village and P.O. - Ibrahimpur, P.S.- Fesar, DistrictAurangabad.

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Krishna Paswan @ Krishna Pasman Son of Late Jhaman Ram Resident of Village and P.O. - Ibrahimpur, P.S.- Fesar, District- Aurangabad.

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Ram Prasad Paswan Son of Late Tulsi Paswan Resident of Village and P.O. - Ibrahimpur, P.S.- Fesar, District- Aurangabad.

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Vinod Dome Son of Late Munarik Dome Resident of Village and P.O. - Ibrahimpur, P.S.- Fesar, District- Aurangabad.

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Buddhan Paswan Son of Late Sita Ram Resident of Village and P.O. - Ibrahimpur, P.S.- Fesar, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Kishori Ram For the Opposite Party/s : Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 24-04-2019 At the very outset, learned counsel for the petitioners

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has submitted that petitioner nos. 4, 5 and 8, during pendency of the application has been arrested and petitioner no. 8 after arrest has already been enlarged on bail, as such, this application so far

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Patna High Court CR. MISC. No.9143 of 2019(4) dt.24-04-2019 2/3

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petitioner nos. 4, 5 and 8 are concerned has become infructuous and he may be permitted to withdraw this application with regard to petitioner nos. 4,5 and 8.

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Permission is accorded.

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This application so far petitioner nos. 4, 5 and 8 are concerned is dismissed as withdrawn.

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So far other petitioners are concerned, they are apprehending their arrest in connection with Faser P.S. Case No. 40 of 2018, disclosing offences under Sections 147, 148, 149, 188, 341, 323, 386, 504 and 506 of the Indian Penal Code.

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Allegation as per F.I.R. is that while the informant was preparing the land for cultivation in the light of order passed in C.W.J.C. No. 15665/2006, the petitioners went there variously armed and demanded rangdari and on protest, they assaulted the informant and his bataidar.

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Submission of learned counsel for the petitioners is that they were not the party in the C.W.J.C. No. 15665 of 2006 and paracha has also been issued in favour of the petitioners and the entire allegation levelled by the informant is false and concocted.

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Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for grant of

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Patna High Court CR. MISC. No.9143 of 2019(4) dt.24-04-2019 3/3

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anticipatory bail and submitted that earlier some of the accused had come before this court for grant of anticipatory bail and their application was disposed of with direction to surrender in the court below and pray for regular bail and the case of the petitioners is also same.

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Having heard both sides, in view of the above facts, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather they should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case and also considering their submission that the parcha of the land has been issued in the name of petitioners, if possible on same day, without being prejudiced by this order.

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This application is, accordingly, disposed of.

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(Vinod Kumar Sinha, J)

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sunilkumar/-

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U T

Ramashish Paswan @ Ramashish Ram @ Ramashish Paswan Ram and Ors. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramashish Paswan @ Ramashish Ram @ Ramashish Paswan Ram and Ors. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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