Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9162 of 2019 Arising Out of PS. Case No.-266 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== Vijay Paswan, aged about 35 Years (Male, Son of Amangal Paswan, Resident of Village - Mahishi, P.S.-Mahishi, District-Saharsa. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pramod Mishra, Advocate.

For the Opposite Party :

Mr.Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 379, 380, 324, 354, 384, 427, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that the accused persons entered into the courtyard of the informant and coaccused Ramdeo Paswan gave order to kill her. Upon this, coaccused Chandan Paswan handed over three-not and pushed her on the earth and caught her hair and co-accused Dilip Paswan opened her Sari and Shanti Devi assaulted with Lathi, Danda, slaps and fists and other accused persons assaulted also with Lathi.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.9162 of 2019(2) dt.19-02-2019 2/2 There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Due to village politics, the petitioner has been made accused in the present case. Allegations are superficial in nature. Other co-accused have been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 63476 of 2018 order dated 12.12.2018. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Saharsa, in connection with Sour Bazar P.S. Case No. 266/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T