Rudal Paswan vs The State Of Bihar
2021 Latest Caselaw 3482 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 12105 of 2021
           Arising Out of PS. Case No.-303 Year-2020 Thana- NAUBATPUR District- Patna
      ======================================================

1. Rudal Paswan, aged about 43 years, Gender-Male.

2. Ramdeo Paswan, aged about 39 years, Gender-Male.

Both sons of Nanda Paswan. Both residents of Village - Jafra Bhagwanpur, PS- Naubatpur, District- Patna.

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

      For the Petitioner/s    :        Mr. Bimal Kumar, Advocate
      For the State           :        Mr. Binod Shankar Modi, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-07-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioners on

14.07.2021, which was allowed.

3. Heard Mr. Bimal Kumar, learned counsel for the

petitioners and Mr. Binod Shankar Modi, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

4. The petitioners apprehend arrest in connection with

Naubatpur PS Case No. 303 of 2020 dated 11.06.2020, instituted

under Sections 341, 323, 324, 325, 307, 354B/34 of the Indian

Penal Code.

5. As per the allegation in the FIR, the petitioners are

said to have come to the mango orchard of Chandrakant Sharma, Patna High Court CR. MISC. No.12105 of 2021 dt.19-07-2021

being armed with garasa and they had ordered to kill the

informant asking her why she was working as a caretaker due to

which their work had been taken as they would have got to take

care of the said orchard. Further, it has been alleged that the other

co-accused who were also armed with garasa had assaulted the

informant's husband, her two sons and another co-villager

resulting in injuries on them, had also thrown her on the ground

and had tried to outrage her modesty and had taken her ornaments

and also broken one tooth. It has also been stated that her husband

had to be given 15 stitches on her head and was in a serious

condition being admitted to PMCH, Emergency Ward.

6. Learned counsel for the petitioners submitted that the

incident took place on 10.06.2020 at 4:00 PM but the FIR has

been lodged on 11.06.2020 at 10:00 AM and, thus, there is quite a

delay which has not been explained. Learned counsel submitted

that the reason for false implication is that the mango orchard was

initially taken care of by the petitioners' side and the informant

had been lately inducted and to put pressure on the petitioners'

side, they have been falsely implicated. It was submitted that due

to caste rivalry also, such allegation has been made. Learned

counsel submitted that though in the FIR, there is allegation of

assault leading to the informant's husband getting 15 stitches on Patna High Court CR. MISC. No.12105 of 2021 dt.19-07-2021

his head, but in the order of the Court below it has been noted that

from the case diary, it transpired that injury report had still not

been prepared, which shows the falsity of the allegation. Learned

counsel submitted that, at best, the allegation against the

petitioners is only of giving order to kill without any overt act

being attributed to them and that they have no other criminal

antecedent.

7. Learned APP submitted that as per the allegation, the

petitioners had instigated others to attack. However, it was not

controverted that except for the allegation of them being order

givers, no overt act has been attributed to them.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned ACJM III, Danapur, Patna in Naubatpur PS Case No. 303

of 2020, subject to the conditions laid down in Section 438(2) of

the Code of Criminal Procedure, 1973 and further, (i) that one of

the bailors shall be a close relative of the petitioners, (ii) that the

petitioners and the bailors shall execute bond with regard to good Patna High Court CR. MISC. No.12105 of 2021 dt.19-07-2021

behaviour of the petitioners, and (iii) that the petitioners shall also

give an undertaking to the Court that they shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of their bail bonds. The

petitioners shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of their bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

10. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T