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(PETITIONERS ARE IN JAIL)

IN THE HIGH COURT OF JUDICATURE AT PATNA

(Criminal Miscellaneous Jurisdiction)

Cr. Misc. No. of 2023 (R.Bail)

In the matter of an

application Under Sections

439 and 440 of the Code of

Criminal Procedure,

And

In the matter of;

1.Roopa Devi, Gender- Female, Aged about 29 years,

Wife of Ram Krishna Paswan @ Ram Krishan Paswan,

2.Dewki Devi @ Devaki Devi @ Dewaki Devi, Gender-

Female, Aged about 51 years, Wife of Sakhi

Chandra Paswan @ Sukhi Chandra Paswan,

Both are Resident of Village- Rajwara,

Post Office- Nehara Kothi, Police Station-

Manigachhi, District- Darbhanga

----PETITIONERS.

Versus
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1.The State of Bihar.

-------------OPPOSITE PARTY.

To,
The Hon’ble. Mr. Justice Chakradhari

Sharan Singh, The Acting Chief Justice

of the High Court of Judicature at

Patna and her companion Justices of the

Hon’ble Court.

The humble petition on

behalf of the Petitioners

above named;

MOST RESPECTFULLY SHEWETH:

1. That this application is being filed for grant

of regular bail, to both the aforementioned

petitioners who have been made accused in

connection with Manigachhi (Nehra O.P) Police

Station Case No. 177/2022 dated 29.08.2022,

instituted under Sections 147, 148, 149, 332,

333, 353, 188, 302, 307, 504, 283 and 120(B)

of the Indian Penal Code and pending in the

Court of Learned Additional Chief Judicial

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Magistrate – VI, Darbhanga in CCTMS No.

5106052220177.

2. That earlier the petitioners have not moved

before this Hon’ble Court, either for grant of

regular bail or anticipatory bail, in

connection with this case.

3. That both the petitioners have fair

antecedent, as except the present case they

have not been implicated in any other criminal

case.

4. That short facts of the instant case is that

on the basis of written complaint filed by the

Circle Officer, Manigachhi, namely, Rajiv

Prakash Rai before the S.H.O. of Manigachhi

Police Station, Manigachhi (Nehra O.P) Police

Station Case No. 177/2022 dated 29.08.2022 has

been instituted by the aforesaid complaint

petition. It is stated that on the basis of

order dated 04.08.2022 passed by the Hon’ble

High Court in MJC No. 110/2018, today, i.e.,

29.08.2022 the informant went to Gram

Panchayat Raj, Raghopur South for removal of

encroachment net besides the PWD Road, along

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with the Sub Divisional Officer, Benipur and

Police Force of the Manigachhi Police Station.

It is further stated that near Tarauni More a

peaceful removal of encroachment work was

going on then suddenly (1) Kishundev Paswan,

(2) Ramavtar Paswan, both are sons of late

Manauri Paswan, (3) Bhagwat Paswan, Son of

late Ram Gulam Paswan, (4) Rambabu Paswan, Son

of Late Mahendra Paswan, (5) Shambhu Paswan,

Son of Saini Paswan, (6) Laltun Paswan, Son of

Bechan Paswan, (7) Anil Paswan @ Lullu Paswan,

Son of Parmeshwar Paswan, (8) Bihari Paswan,

Son of Late Mangal Paswan, (9) Shriram Paswan,

Son of Chayama Paswan, (10) Dashai Paswan, Son

of Late Mangan Paswan, (11) Ram Sukhit Paswan,

Son of Late Bhadawa Paswan, (12) Krishna

Paswan, Son of Ram Suchati Paswan, (13)

Ranjeet Paswan, Son of name not known, (14)

Gopal Paswan, (15) Vishal Paswan, both are

sons of Dashai Paswan, (16) Ajay Paswan, Son

of Kishundev Paswan, (17) Gulten Paswan, Son

of Chhabil Paswan, (18) Anil Paswan, Son of

Parmeshwar Paswan, (19) Deepak Paswan, (20)

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Pankaj Paswan, (21) Prince Paswan, all are

sons of Ranjeet Paswan @ Adalpuriya, (22)

Lalan Kumar Paswan, Son of Ganga Paswan, (23)

Babloo Paswan, Son of Chunchun Paswan, (24)

Raja Kumar Paswan, Son of Dinesh Paswan, (25)

Bipin Kumar Paswan, Son of Bharat Paswan,

(26) Lakshmi Paswan, Son of Late Mahaveer

Paswan, (27) Shambhu Paswan, Son of Late Ram

Prasad Paswan, (28) Jai Prakash Paswan, Son of

late Ram Chandra Paswan, (29) Gorka Paswan,

Son of Chhathu Paswan, (30) Satto Paswan, Son

of Ram Sukhit Paswan, (31) Roopa Devi, Wife of

Ram Kishun Paswan (Petitioner No.1), (32)

Dewaki Devi, Wife of Late Sakhichandra Paswan,

(33) Siya Devi, Wife of Arun Paswan, (34)

Anita Devi, Wife of Tetar Mandal, (35) Anjula

Devi, Wife of Gorakha Paswan, (36) Mala Devi,

Wife of Vijay Paswan, (37) Babita Devi, Wife

of Yogendra Paswan, (38) Kaushalya Devi, Wife

of Bhogendra Paaswan, (39) Sudina Devi, Wife

of Kishundev Paswan, all are Resident of

Village- Nehra Kothi Tol, P.S- Manigachhi

(Nehra O.P.), (40) Santosh Kumar, Son of name

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not known, Resident of Tarauni, P.S –Bahera

and (41) Ashok, Son of name not known along

with 100- 150 unknown encroachers such as male

and female all were started pelting bricks on

the Police Men and Police Officers. Following

which the informant along with 10-15 Police

Officers and Police Men have been injured.

Further it is stated that during this one Home

Guard Driver 1968 Chit Narayan Paswan was over

powered by the encroachers and all the

encroachers have assaulted the said home guard

driver with brick and stone, following which

he became seriously injured and died during

treatment. It is further stated that the

vehicle of the informant along with JCB and

one Bajra vehicle have been damaged by the

encroachers with bricks and stones. It is

further stated that in this incident the

vehicle of informant along with JCB vehicle

and the vehicle of Biraul Bajra Team have

been damaged by the encroachers with bricks

and stones, therefore, it is requested that

with regards to the aforesaid incident FIR

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should be lodged against all the named and

unknown persons and do the lawful action

against them.

A true photo/typed copy of

Manigachhi P.S Case No.

177/2022 is being annexed

herewith and marked as

Annexure-P/1 to this bail

petition.

5. That both the petitioners are innocent, but

they have falsely been implicated in this case

only out of rules and merits.

6. That in the aforesaid first information

report, a general and omnibus allegations have

been levelled against all the accused persons.

It is further relevant to mention here that no

specific allegations levelled against both the

petitioners.

7. That after conducting inquiry, the police has

submitted charge-sheet No.65/22 dated

24.11.2022 against 55 accused persons

including both the petitioners. The case has

been found true under Sections 147, 148, 149,

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332, 333, 353, 188, 302, 307, 283, 120 (B) of

the Indian Penal Code against named accused

Kishun Dev Paswan, Son of Late Ganauri Paswan,

(37) and non-FIR accused Sunita Devi, Wife of

Bechan Paswan and 38 others.

A true photo/typed copy

of Final Form dated

24.11.2022 is being

annexed herewith and

marked as Annexure-P/2

to this petition.

8. That it is most humbly submitted that due to

the institution of Manigachhi Police Station

Case No.177/22 both the petitioners have been

languishing in jail since 30.08.2022.

9. That it is further the relevant to mention

here that six accused persons have moved

before the learned Sessions Judge, Darbhanga

for grant of regular bail vide B.P No.

787/2022 and both the aforesaid petitioners

have moved before the Learned Sessions Judge

for grant of regular bail vide B.P. No.

869/2022 and one another accused person,

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namely, Shambhu Paswan, Son of Late Ram Prasad

Paswan had more before learned Sessions Judge

for grant of regular bail vide B.P. No.

953/2022 and all the aforesaid the bail

petitions have heard together on 10.11.2022 by

which the learned Sessions Judge, Darbhanga

has rejected the bail petitions filed by the

both the petitioners and others vide dated

10.11.2022.

10. That it is further relevant to mention that

due to false implication of the petitioner

no.1, namely, Roopa Devi, she has been

languishing in jail custody since 30.08.2022

and her eighteen years old daughter has also

been living with her mother Roopa Devi in

jail.

11. That it is also relevant to mention here that

the daughter in law of petitioner no.2 due to

false implication and false allegation

levelled against both of them, the police have

forcibly arrested both the petitioners from

their house on 30.08.2022 and since then both

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of them alongwith eighteen months old baby are

languishing in jail.

12. That as the learned Sessions Judge has

rejected the bail petitions of both the

petitioners, hence, this application is being

filed for grant of regular bail to both the

petitioners above named.

13. That the petitioners are ready to abide by the

terms and conditions laid down under Sections

439 and 440 of the Indian Penal Code.

It is, therefore, prayed

that Your Lordship may

graciously be pleased to

grant regular bail to the

petitioner in connection

with Manigachhi (Nehra O.P)

Police Case No. 177/2022

dated 29.08.2022, to the

satisfaction of the Court

of Learned In-Charge

Additional Chief Judicial

Magistrate – VI, Darbhanga.

And/or
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May pass any such other

order/orders which Your

Lordships may deem fit and

proper.

And for this the Petitioners shall ever pray.

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AFFIDAVIT

I, Budhu Paswan, Gender - Male, aged about 61

years, S/o- Ramsurat Paswan, R/o of Village-

Sahora, P.O.- Aanandpur, Anantpur, District-

Darbhanga, Pincode- 847233, do hereby solemnly

affirm and state as follows :-

1. That I am the father of petitioner no.1, Roopa

Devi, and as such am well acquainted with the

facts and circumstances of the case.

2. That the contents of this petition have been

read over and explained to me in Hindi which I

have fully understood and they are true to my

knowledge.

3. That the annexures are the true photo/ typed

copies of their respective originals.

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UNDERTAKING

I, Kaushalesh Choudhary, aged about 54 years, son of

Sri Paramanand Choudhary, Resident of House No. 120-

A, C.D.A. Colony, North Shastri Nagar, Patna 800023,

do hereby undertake that the original copy of the

petition with annexures, affidavit, adharcard of the

petitioners and vakalatnama with required court fee

stamp, welfare stamp etc. will be deposited, on

behalf of the petitioners, after opening of the

physical court of this Hon’ble Court. I further

undertake that all the defects, if any, pointed out

by the stamp reporter, will also be removed, after

starting the physical court of this Hon’ble Court.

(Kaushalesh Choudhary)

AOR No.00440
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(PETITIONERS ARE IN JAIL)

IN THE HIGH COURT OF JUDICATURE AT PATNA

(Criminal Miscellaneous Jurisdiction)

Cr. Misc. No. of 2023 (R.Bail)

Roopa Devi and another ----Petitioners.

Versus

The State of Bihar ………… Opposite party.

Subject: Regular Bail.

INDEX

SL. NO. PARTICULAR PAGE

NOS.

1. An application under sections 439 and 1-

440 of Code of Criminal Procedure with
affidavit and Aadhar card of the
Pairvikar and undertaking of the
Advocate.
2. ANNEXURE-P/1:- A true photo/typed copy
of Manigachhi P.S Case No. 177/2022
3. ANNEXURE-P/2:- A true photo/typed copy
of Final Form dated 24.11.2022

4. Impugned Order
5. Vakalatnama.