Bholu Paswan @ Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49641 of 2014 Arising Out of PS.Case No. -75 Year- 2005 Thana -BARBIGHA District- SEKHPURA ====================================================== Bholu Paswan @ Bhola Paswan Son of Mathura Paswan Resident of Village - Kabirpura, P.S. - Jai Rampur & District - Sheikhpura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Adv. For the Opposite Party/s : Mr. Veena Kumari Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, apprehending his arrest in connection with Barbigha P.S. Case No. 75 of 2005 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 380 and 448 of the Indian Penal Code and 27 of the Arms Act. As per the First Information Report, it is alleged that the petitioner alongwith other accused persons armed with lathi, danda, gadasa, pistol, arrived at the house of the informant and further entered into his house. The accused Ashok Paswan also assaulted the informant by means of gadasa. The son and nephew of the informant were also assaulted by the accused and others. It is also alleged the accused Dilip Paswan and Shankar Paswan also took away the box from the house of the informant. There was golden and silver ornaments and clothes in the aforesaid box. That it has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. Further, it has been submitted that no offence is made out against the petitioner as

Patna High Court Cr.Misc. No.49641 of 2014 (2) dt.23-04-2015 2/2 levelled against him.

On behalf of the State, it has been submitted that from the perusal of the impugned order, it appears that the charge sheet has already been submitted in this case and the case is of the year 2005. The petitioner has been absconding and avoiding his appearance before the Court for last ten years. Considering the aforesaid facts and the circumstances, I am not inclined to grant anticipatory bail to the petitioner, and as such, the prayer for anticipatory bail of the petitioner is rejected.

Any how when the petitioner surrender before the court below within a period of six weeks, the same shall be considered on its own merit without being prejudice by this order and the same may be disposed of on the same day. (Sudhir Singh, J.) Vats/- U T