Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18966 of 2021 Arising Out of PS. Case No.-236 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

BHOLA PASWAN Son of Late Devlal Paswan Resident of Village - Shembhopatti, P.S.- Mahua, Distt.- Vaishali.

2.

DASHRATH PASWAN Son of Late Devlal Paswan Resident of Village - Shembhopatti, P.S.- Mahua, Distt.- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-04-2022 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Mahua P.S. Case No. 236 of 2019 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that petitioners have not committed any offence as alleged in the first information report and they have been falsely implicated in this case. No such occurrence ever took place. Petitioners have no criminal antecedent. Learned Addl. P.P. appearing for the State

Patna High Court CR. MISC. No.18966 of 2021(5) dt.19-04-2022 2/2 opposes the prayer for bail of petitioner no. 1 and submits that there is direct allegation of assault against him which is supported by the injury report.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner no. 2, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Vaishali in connection with Mahua P.S. Case No. 236 of 2019 subject to the conditions laid down under section 438(2) Cr.P.C. As regards petitioner no. 1, considering the nature of allegations levelled against him, this Court is not inclined to grant him the privilege of anticipatory bail. His prayer for bail is, accordingly, rejected.

(Arvind Srivastava, J) mcv/- U T