Pramod Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52580 of 2015 Arising out of PS.Case No. -137 Year- 2014 Thana -FATUHA District- PATNA ======================================================
1. Pramod Paswan, Son of Late Arjun Paswan.
2. Chandan Paswan, Son of Late Arjun Paswan. Both R/o Chhoti Ranipur, P.S. Fatwah, District - Patna .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ghanshyam Tiwary, Advocate. For the Opposite Party : Mr. M.Rub(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Fatwah P.S. Case No. 137 of 2014 for the offences instituted under Sections 147, 148, 149, 342, 324, 326, 307, 452, 120(B), 302 of the IPC., 27 of the Arms Act and 3⁄4 of the Daiyan Act.
The prosecution story, in brief, is that the informant alongwith family members were asleep over the roof-top, suddenly accused persons came and got into altercation and in course of altercation deceased were finished off. It has been submitted on behalf of the petitioners that the
Patna High Court Cr.Misc. No.52580 of 2015 (3) dt.24-02-2016 2/2 petitioners have got no criminal antecedent. Though the petitioners are named in the FIR but no specific allegation has been made against them. General and omnibus allegation has been made in the FIR.
On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners. The same is rejected in Fatwah P.S. Case No. 137/2014, pending in the court of the learned J.M. Ist Class, Patna City, Patna. Anyhow, if the petitioners surrender in the court below the same shall be considered on its own merit without being prejudiced by this order taking into account that there is no specific allegation against the petitioners.
U.K./- (Sudhir Singh, J) U T