Munarik Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4894 of 2023 Arising Out of PS. Case No.-336 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Munarik Paswan, Son of Nanhak Paswan, Resident of Village- Chakhasan Chakaushan, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in case registered for the offences punishable under Sections 147, 323, 302, 504, 506 and other allied sections of the Indian Penal Code. As per prosecution case, on 30.06.2022 at about 08:00 P.M., when the informant was returning from the house of Mukhiya Ji, all the accused persons including the petitioner and 10 unknown persons armed with lathi, danda, iron rod and sword assaulted the informant and when his family members heard him screaming and came to save him they were also assaulted with lathi, danda as a result of which sister of the informant namely, Indrasan Devi died and his other family members became seriously injured.

Patna High Court CR. MISC. No.4894 of 2023(2) dt.07-04-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He next submits that the occurrence took place due to Gram Panchayat Election and allegation against the petitioner is general and omnibus. He further submits that at the time of alleged occurrence, petitioner was not present in the village and there is absolutely no evidence to show the petitioner's involvement in the present case.

Learned counsel for the State opposes the prayer for bail application and submits that petitioner is named in the F.I.R. and there is direct and specific allegation that this petitioner along with other accused persons assaulted the informant and his family members due to which one of the sisters of the informant died and two other persons sustained injury. Considering the aforesaid facts, prayer for anticipatory bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Navya/- U T