Dipu Paswan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50229 of 2015 Arising Out of PS.Case No. -137 Year- 2014 Thana -FATUHA District- PATNA ======================================================

1. Dipu Paswan

2. Dipak Paswan, Both sons of Ganga Paswan, Resident of Chhoti Ranipur, P.S. - Fatwah, District- Patna .... .... Petitioners

Versus

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

For the Petitioners : Mr. Shyamal Prakash, Advocate.

For the Opposite Party : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2016 Heard both sides.

The petitioners apprehend their arrest in Fatwah P.S. Case No. 137 of 2014 registered for the offences punishable under Sections 307, 302, 147, 148, 149, 326 and other Sections of the Indian Penal Code, under Section 27 of the Arms Act and under Sections 3/4 provisions of the Witch Craft Act. The informant alleged that on 28.04.2014 at about 12:00 in the night, the informant, his brother and other family members were sleeping on the roof of the house, all of a sudden the petitioners and other accused persons having armed with different weapons scaled over the roof of the house of the informant and made indiscriminate firing causing firearm injury to the brother, sister-in-law and other family members of the

Patna High Court Cr.Misc. No.50229 of 2015 (3) dt.05-10-2016 2/2 informant. The accused persons dragged away mother of the informant. Later on, during course of search the dead body of mother of the informant was recovered. The dead body was ridden with bullet injury and the neck of mother of the informant was also slit.

Learned counsel for the petitioner submits that the petitioners are, of course, named in the FIR but no specific allegation is made against the petitioners. The petitioners have falsely been implicated in the case, only because the petitioners are sons of the main accused Ganga Paswan, but from perusal of the FIR itself, it appears that all the accused persons are alleged to have made indiscriminate firing causing firearm injury to Subhash Paswan, the brother of the informant his wife and son. The mother of the informant was dragged and, thereafter her dead body was found ridden with firearm injuries and her neck was also slit. Considering the nature of allegations made against the petitioners, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T