Lakhindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27845 of 2020 Arising Out of PS. Case No.-127 Year-2020 Thana- SHEOHAR District- Sheohar ====================================================== 1.

LAKHINDRA PASWAN S/o Babulal Paswan Resident of Village-Rejma, Police Station-Sheohar, District-Sheohar.

2.

Madhusudan Paswan S/o Chandrabhushan Paswan Resident of VillageRejma, Police Station-Sheohar, District-Sheohar. 3.

Awadhesh Paswan @ Abdhesh Paswan S/o Nanhku Paswan Resident of Village-Rejma, Police Station-Sheohar, District-Sheohar. 4.

Pappu Paswan S/o Kishori Paswan Resident of Village-Rejma, Police Station-Sheohar, District-Sheohar.

5.

Pramod Paswan S/o Raudi Paswan Resident of Village-Rejma, Police Station-Sheohar, District-Sheohar.

6.

Raju Paswan S/o Mangal Paswan Resident of Village-Rejma, Police StationSheohar, District-Sheohar. 7.

Anant Paswan @ Anand Paswan S/o Siyadev Paswan Resident of VillageRejma, Police Station-Sheohar, District-Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy.

Patna High Court CR. MISC. No.27845 of 2020(2) dt.04-12-2020 2/3 Learned counsel for the petitioners seeks permission of the Court to withdraw this application in respect of petitioner nos. 1, 2, 4, 5 and 6 as they have been taken into judicial custody.

Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner nos. 1, 2, 4, 5 and 6.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioner nos. 3 and 7 are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 324, 326, 307, 341, 504 of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation, in short, is that the accused persons assaulted the informant and others due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioner nos. 3 and 7 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner nos. 3 and 7. The petitioner nos. 3 and 7 have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner nos. 3

Patna High Court CR. MISC. No.27845 of 2020(2) dt.04-12-2020 3/3 and 7. The specific allegation of assault is against co-accused namely Keshav Paswan.

On behalf of the State, it is submitted that the petitioner nos. 3 and 7 are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner nos. 3 and 7, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 127/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T