Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33180 of 2021 Arising Out of PS. Case No.-201 Year-2020 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

CHANDAN PASWAN S/o Late Dinkar Paswan R/o village- Masha Alam, Ward No. 8, P.S.- Bairgania, District- Sitamarhi (Bihar). 2.

Nandan Paswan S/o Late Dinkar Paswan R/o village- Masha Alam, Ward No. 8, P.S.- Bairgania, District- Sitamarhi (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Bairgania P.S. Case No.201 of 2020, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. The petitioners and other co-accused persons are said to have killed the brother of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. There is no eye witness of the occurrence. It is submitted that the allegation is general and omnibus. It is lastly submitted that the petitioners have got no criminal antecedent as

Patna High Court CR. MISC. No.33180 of 2021(3) dt.28-07-2022 2/2 stated in paragraph-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners and submitted that there is ample evidence in the case diary to show the involvement of the petitioners in the present case. It is submitted that in various paragraphs of the case diary, the witnesses claim to be the eye witnesses of the occurrence.

Taking into consideration the facts and circumstances of the case, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T