Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29681 of 2023 Arising Out of PS. Case No.-439 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Ashok Paswan Son Of Rajgir Paswan Resident Of Village- Amirganj, Dharmapur, Ps- Samastipur, (MUFFASIL), Distt- Samstipur 2.

Vicky Paswan @ Vicky Kumar (Male), aged about-20 years, S/O Ashok Paswan, Resident of Village-Amirganj, Dharampur, P.S.- Samastipur (Muffasil), District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirityunjay Kumar For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other accused person are said to have committed murder of the deceased by sharp cutting weapons and thrown her dead body with a view to conceal the evidence.

4. Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.29681 of 2023(3) dt.28-08-2023 2/2 specific rather general and omnibus in nature. He submits that there is no specific over act against the petitioners, there is specific allegation against co-accused Vikash Kumar and the petitioners are father and brother of the co-accused Vikash Kumar and only on the suspicion petitioners are made accused in the present case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Samastipur (Muffasil) P.S. Case No. 439 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T