Paras Paswan @ Parash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15779 of 2016 Arising Out of PS.Case No. -90 Year- 2014 Thana -FATUHA District- PATNA ====================================================== Paras Paswan @ Parash Paswan, Son of Indradev Paswan, Resident of Village - Kismiria, P.S.- Fatwah, District - Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shyamal Prakash, Advocate For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Fatwah P.S. Case No.90 of 2014 for the offences instituted under Sections 144, 342, 324, 504, 447, 435/379 and 302 of the Indian Penal Code.
According to the F.I.R., the petitioner and others came to the house of the informant, committed arson in the house of the informant and bitterly assaulted to Mahendra Paswan as a result whereof Mahendra Paswan died during course of treatment. The reason for the occurrence is some dispute regarding payment of money.
It is submitted on behalf of the petitioner that the
Patna High Court Cr.Misc. No.15779 of 2016 (2) dt.16-05-2016 2/2 petitioner has got no criminal antecedent. No specific injury has been attributed against the petitioner. General and omnibus allegation has been made against the petitioner. As far as the other co-accused are concerned, they have already been acquitted by the trial court.
On behalf of the State. It is submitted that the petitioner is named in the F.I.R. and he had participated in the alleged occurrence.
Considering the aforesaid facts and circumstances, I am not inclined to release the petitioner on anticipatory bail, the same is rejected. Anyhow, if the petitioner surrenders in the court below, same shall be considered on its own merit without being prejudiced by the order of this Court taking into account, no specific allegation has been attributed against the petitioner. (Sudhir Singh, J) N.H./- U T