Avinash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13303 of 2019 Arising Out of PS. Case No.-596 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== RAJU PASWAN, S/o Chotu Paswan, Resident of village-Karariya, Dariyapur, P.S.-Naubatpur, District-Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 13321 of 2019 Arising Out of PS. Case No.-596 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== AVINASH PASWAN Son of Sri Raju Paswan Resident of Village - Karariya, Dariyapur, P.S.- Naubatpur, District - Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20126 of 2019 Arising Out of PS. Case No.-596 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== KANT PASWAN Son of Sukhsagar Paswan Resident of Village - Dariyapur, P.s.- Naubatpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 13303 of 2019) For the Petitioner/s :
Mr.Vijay Kumar Sinha For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia (In CRIMINAL MISCELLANEOUS No. 13321 of 2019) For the Petitioner/s :
Mr.Vijay Kumar Sinha For the Opposite Party/s :
Mr.Nirmala Kumari (In CRIMINAL MISCELLANEOUS No. 20126 of 2019) For the Petitioner/s :
Mr.Vijay Kumar Sinha For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
Patna High Court CR. MISC. No.13303 of 2019(5) dt.08-07-2019 2/3 ORAL ORDER 08-07-2019 Heard learned counsel for the parties.
The petitioners apprehend their arrest in connection with Naubatpur P.S.Case No. 596 of 2018 registered under Sections 147,148,149,120B, 302 and 341 of the Indian Penal Code and 27 of the Arms Act.
Allegation against the petitioners is that petitioners, along with 4-5 unknown persons, variously armed, taken his father towards South Badhar and after some time, when informant went to search his father, he found dead body of his father, in the field of Karant Paswan, having firearm injury on his right ear, right chest, left ear and back of the head. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated due to dirty politics. He further submits that nobody has seen the occurrence and there is no eye witness and the names of the petitioners have surfaced merely on the basis of land dispute. Learned counsel for the State submits that petitioners are named in the FIR and they dragged the deceased in front of the eye of the informant and after some time dead body of his father was found, accordingly, petitioners do not deserve privilege of anticipatory bail.
After having heard learned counsel for the parties and
Patna High Court CR. MISC. No.13303 of 2019(5) dt.08-07-2019 3/3 taking into consideration the fact that petitioners are named in the FIR and allegation against them is that they, along with other unknown persons, took away the father of the informant in front of the eyes of the informant and after some time, bullet riddled dead body of his father was found, as such I am not inclined to grant privilege of anticipatory bail to the petitioners , accordingly, same is rejected.
(Anil Kumar Sinha, J) sujit/- U T