Anuj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28246 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- MANPUR District- Nalanda ====================================================== 1.

Anuj Paswan Son of Kailash Paswan Resident fo Village- Gongripar, Police Station- Manpur, District- Nalanda.

2.

Krishna Paswan Son of Raj Kumar Paswan Resident of Village- Gongripar, Police Station- Manpur, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.28246 of 2021(3) dt.18-02-2022 2/3 The prosecution case as per F.I.R is that all the accused persons including the petitioners surrounded the informant and it is alleged that co-accused Manoj Paswan fired from his pistol which hit on the stomach of the informant. It is further alleged that co-accused Indal Paswan also shot fire which crossed to his left thigh. It is submitted by learned counsel for the petitioners that the accusation against the petitioners is general and omnibus. There is no specific overt act against the petitioners and due to previous enmity with the informant, the petitioners have been roped in the present case. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the fact that no specific overt act has been alleged against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.28246 of 2021(3) dt.18-02-2022 3/3 each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Vth, Nalanda at Biharsharif in connection with Manpur P.S. Case No. 44 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T