Butan Paswan @ Shailesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21344 of 2022 Arising Out of PS. Case No.-21 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== BUTAN PASWAN @ SHAILESH PASWAN SON OF LATE SHIVNATH PASWAN R/O- VILLAGE-BADHAILA, P.S.- BADHAILA DISTRICTROHTAS (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh No.10, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to make rectification in first paragraph and prayer portion of the anticipatory bail application.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his son was forcefully brought to the house of one Dhanu Paswan where he was assaulted leading to his death, it is next alleged that the reason for the occurrence was that the son of the informant was in relationship with the daughter of Dhanu Paswan.

Patna High Court CR. MISC. No.21344 of 2022(2) dt.28-07-2022 2/2 Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that no specific overt act has been alleged against the petitioner, the petitioner is not even named in the F.I.R. but is addressed as son-in-law of Dhanu Paswan, it is next submitted that the petitioner being son-in-law of Dhanu Paswan came to be implicated when the informant is not an eyewitness to the occurrence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Karakat P.S. Case No. 21 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T