Satrughan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35872 of 2021 Arising Out of PS. Case No.-133 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== SATRUGHAN PASWAN S/O LATE RAJENDRA PASWAN R/o villageLorika, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate :

Mr. Ravi Prakash, Advocate :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 302 and 386/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the FIR, co-accused Dhiraj Paswan opened fire upon the deceased (brother of informant, namely, Shushant Kumar Jha), co-accused Saroj Paswan assaulted with Barchi and other accused persons including the petitioner also assaulted by means of lathi, danda and bhala.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He

Patna High Court CR. MISC. No.35872 of 2021(3) dt.23-06-2022 2/3 further submits that the specific allegation of overt-act is against Dhiraj Paswan and allegation of stabbing by Garasa is against Saroj Paswan. He further submits that there is general and omnibus allegation against the petitioner. Petitioner has got no criminal antecedent.

Learned APP appearing for the State on the basis of the case diary has opposed the prayer for anticipatory bail and submitted that from perusal of the injury report which annexed with the case diary it appears that there are three injuries -(i) stab wound on right upper chest, (ii) one other stab wound and (iii) lacerated wound on right scapula on back of body and according to the postmortem report, there is no injury of gun shot found by an X-ray and according to postmortem report, the doctor opined that the death was caused due to haemorrhage and shock and deeply stab wound puncture of heart chamber and other injuries mentioned in the postmortem report is of use of hard and pointed object of weapon Considering the aforesaid submissions, let the petitioner, above named in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.35872 of 2021(3) dt.23-06-2022 3/3 amount each to the satisfaction of learned ACJM-I, Madhubani in connection with Benipatti P.S. Case No. 133 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T