Kapildeo Paswan @ Kapil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9058 of 2020 Arising Out of PS. Case No.-182 Year-2019 Thana- PAHARPUR District- East Champaran ====================================================== 1.
Kapildeo Paswan @ Kapil Paswan Son of Sakal Paswan Resident of Village - Lagunia, P.S.- Paharpur, District- East Champaran 2.
Yadolal Paswan Son of Shankar Paswan Resident of Village - Lagunia, P.S.- Paharpur, District- East Champaran 3.
Chhotelal Paswan Son of Shankar Paswan Resident of Village - Lagunia, P.S.- Paharpur, District- East Champaran 4.
Raju Paswan Son of Kapildeo Paswan @ Kapil Paswan Resident of Village - Lagunia, P.S.- Paharpur, District- East Champaran 5.
Pradeep Paswan Son of Kapildeo Paswan@ Kapil Paswan Resident of Village - Lagunia, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Mishra For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Paharpur P.S. Case No. 182 of 2019 (G.R. No. 4137 of 2019) for the offence registered under Sections 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.
The allegation is regarding the accused persons having intercepted the informant whereafter the accused persons are stated to have assaulted the informant and had
Patna High Court CR. MISC. No.9058 of 2020(2) dt.03-03-2020 2/3 snatched some money from him as also had damaged his motorcycle.
The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case on account of previous enmity and are having clean antecedent. It is further submitted that the impugned order dated 06.12.2019 would show that the injuries found on the person of the informant are simple in nature. Lastly, it is submitted that no recovery of looted cash money has been made from the house of the petitioners, hence they have got no complicity in the matter. Lastly, it is submitted that the petitioners are having deep root in the society and undertake to join ensuing investigation and the trial, if any.
Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail. Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.9058 of 2020(2) dt.03-03-2020 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Paharpur P.S. Case No. 182 of 2019 (G.R. No. 4137 of 2019) subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T