Onkar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24897 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== 1.

ONKAR PASWAN Son of Raj Kumar Paswan Resident of Village - Rouna, P.S.- Belaganj, District - Gaya.

2.

Upendra Paswan Son of Raj Kumar Paswan Resident of Village - Rouna, P.S.- Belaganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2020 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. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 379, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

Patna High Court CR. MISC. No.24897 of 2020(2) dt.14-10-2020 2/3 Allegation is that on the order of the petitioners, coaccused Manoj Paswan fired from his rifle on the chest of the son of the informant, due to which he sustained injury and the accused persons took away Rs.5000/- from his pocket and golden chain.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are said to be the order giver. There is no allegation of assault alleged against the petitioners. The allegation of assault is alleged against the co-accused, namely, Manoj Paswan. It is a case and counter case between the parties. Free fight is alleged to have taken place.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 9th,

Patna High Court CR. MISC. No.24897 of 2020(2) dt.14-10-2020 3/3 Gaya in connection with Belaganj P.S. case No.18 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T