Partly allowed

Ranjeet Paswan v. The State of Bihar

Patna HC30 Nov 2021CR. MISC./27740/2021

Case brief

AI extract

What is this about?

This oral order, by a single judge of the Patna High Court, grants bail to petitioner No. 3 while rejecting bail for Petitioner Nos. 1 and 2 in a murder case. The distinction was made based on the specific allegations of aggravated assault against the first two petitioners causing death. Bail for No. 3 was allowed pending his release on furnishing a bond.

What did the court decide?

Bail allowed for Ganesh Paswan on furnishing a bond of Rs. 10,000 with two sureties; bail rejected for Ranjeet Paswan and Randhir Paswan.

Ranjeet Paswan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27740 of 2021

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Arising Out of PS. Case No.-257 Year-2020 Thana- PIPRAHI District- Sheohar

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

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Ranjeet Paswan Son Of Ganesh Paswan R/O Village- Mohan Pur,, P.S.Piprahi, District- Sheohar.

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Randhir Paswan @ Randheer Paswan Son of Ganesh Paswan R/o VillageMohan Pur, P.S.- Piprahi, District- Sheohar.

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Ganesh Paswan Son of Nathuni Paswan Resident of Village- Mohan pur, P.S.- Piprahi, District- Sheohar.

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... ... Petitioner/s

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Versus

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The State of Bihar ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.A.G ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 30-11-2021 Heard learned counsel for the petitioners and the State.

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Petitioners seek regular bail in a case registered for the offence punishable under sections 302/34 and other ancillary sections of the Indian Penal Code.

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As per the prosecution case, petitioner no.1 assaulted the wife of the informant with iron rod on her head, petitioner no. 2 is alleged to have assaulted her with stick and petitioner no.3 is said to be an order giver.

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Learned counsel for the petitioners submits that there is case and counter case. Further, there is general and omnibus allegation of assault against all the accused persons. Besides this, both sides are having subsisting land dispute. Petitioners claim clean antecedent and they are in custody since 8.11.2020.

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Learned counsel appearing for the State opposes the prayer for bail. He submits that there is specific allegation that

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Patna High Court CR. MISC. No.27740 of 2021(4) dt.30-11-2021 2/2

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petitioner no.1 assaulted the informant’s wife with iron rod on her head, whereas petitioner no.2 has been alleged to have assaulted her with stick. He submits that the post mortem report also supports the prosecution case as the doctor conducting autopsy has opined that victim died due to injuries caused on the head/skull by hard and blunt objects.

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Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner no. 3 is allowed. Let petitioner no.3 Ganesh Paswan be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1^st Class, Sheohar in Pirpahi Police Station Case No. 257 of 2020.

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As there is direct and specific allegation of assault by iron rod and stick against petitioners no. 1 and 2 (Ranjeet Paswan and Randhir Paswan @ Randheer Paswan)) respectively to the informant’s wife causing her death, their prayer for bail is rejected.

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(Prabhat Kumar Singh, J)

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Shashi

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U T

Ranjeet Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ranjeet Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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