Anand Paswan @ Anand Kumar Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9592 of 2019 Arising Out of PS. Case No.-457 Year-2018 Thana- FATUA District- Patna ====================================================== 1.

Anand Paswan @ Anand Kumar Paswan, Son of Sri Jawahar Paswan R/o Dariyapur, P.S.- Fatuha.

2.

Pankaj Paswan Son of Sri Jawahar Paswan R/o Dariyapur, P.S.- Fatuha, District- Patna.

3.

Mukesh Paswan Son of Late Ravindra Paswan Resident of VillageSamaspur, P.S.- Fatuha, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Shraddhanand Paswan For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2019 Learned counsel appearing on behalf of the petitioners seeks permission to withdraw the application filed on behalf of petitioner No.2, namely, Pankaj Paswan, as he has already been apprehended by the Police.

In view of the above submission, the application filed on behalf of the petitioner No.2, namely, Pankaj Paswan is dismissed as withdrawn.

Heard learned counsel for the petitioners No.1 and 3 and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Fatuha P.S. Case no. 457 of 2018, registered

Patna High Court CR. MISC. No.9592 of 2019(3) dt.09-05-2019 2/3 under Sections 302/34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on 04.08.2018 in the morning son of informant Raushan Kumar had gone to ready made shop situated at Station road, Ftuha for discharging his duty as salesman. On the same day, in the evening, Hashinjee owner of the shop informed her on mobile that her son has been shot fire by unknown criminals. Thereafter, informant reached there and found her son sustaining fire arm injury at his head. Thereafter, he was referred to NMCH, Patna, where he died in course of treatment. The informant revealed that nine persons named in the F.I.R., including the petitioners, in connivance with each other committed murder of her son. Learned counsel for the petitioners submits that, in fact, co-accused Asha Devi has lodged Fatuha P.S. Case No. 456 of 2018 against the husband and other family members of the informant of the present case due to that reasons mere on suspicion, the name of the petitioners and other have been disclosed in this case. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the

Patna High Court CR. MISC. No.9592 of 2019(3) dt.09-05-2019 3/3 event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna in connection with Fatuha P.S. Case No. 457 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T