Patna High CourtCR. MISC./27231/2020bail granted

Dhanu Paswan v. The State Of Bihar

2020-10-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27231 of 2020 Arising Out of PS. Case No.-83 Year-2019 Thana- IMADPUR District- Bhojpur ====================================================== DHANU PASWAN S/o Deyali Paswan Resident of Village-Rajpur, Police Station-Imadpur, District-Bhojpur. . ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Advocate For the Opposite Party/s :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State through video conferencing.

The petitioner apprehends arrest in a case registered for the offence punishable under section 302 and other ancillary sections of the Indian Penal Code and under section 27 of the Arms Act.

Prosecution's case, in brief, is that when the informant was returning with his son from her mustard field, the petitioner and other named accused persons along with 5/6 other unknown persons surrounded them. Meanwhile, accused Pachan Paswan fired on her son as a result of which he sustained gun shot injury and died thereafter. Informant also sustained pellet injury. Learned counsel for the petitioner submits that the petitioner is next door neighbourer and there is no allegation of any overt act. Save and except being a member of unlawful mob, no other incriminating material has come against the

Patna High Court CR. MISC. No.27231 of 2020(2) dt.21-10-2020 2/2 petitioner. In para 3 of the bail petition it is stated that the petitioner has got no criminal antecedent.

In the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri N P Singh, Judicial Magistrate, Bhojpur at Ara in Imadpur Police Station Case No. 83/2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T