Bijli Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7396 of 2021 Arising Out of PS. Case No.-70 Year-2020 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

Bijli Paswan S/o Late Maheshwari Paswan Resident of Village-Bhairopur, Ward No.02, Panchayat-Baisadh, P.S.-Kumarkhand, District-Madhepura. 2.

Ajay Paswan S/o Baijnath Paswan Resident of Village-Bhairopur, Ward No.02, Panchayat-Baisadh, P.S.-Kumarkhand, District-Madhepura. 3.

Subhash Paswan @ Subhash Kumar S/o Kailash Paswan Resident of Village-Bhairopur, Ward No.02, Panchayat-Baisadh, P.S.-Kumarkhand, District-Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2021 Let the defects, if any, be removed when called upon to do so by the office.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered in connection with Kumarkhand P.S.Case No. 70 of 2020 for the offences punishable under Sections 147, 148, 149, 323, 307, 379, 504, 506 of the Indian Penal Code. Petitioner no. 1 Bijli Paswan has already been arrested, his application become infructuous. As per prosecution case, due to previous enmity,

Patna High Court CR. MISC. No.7396 of 2021(3) dt.09-12-2021 2/2 informant was at his darwaja all the F.I.R named accused person came there and started abusing and assaulting the informant with lathi, danda and iron rod with intention to kill him. The learned A.P.P opposed the prayer for bail. Learned counsel for the petitioner submits that it is case and counter case between the parties and allegation against the petitioners is omnibus and general and no specific overt act for assaulting is against Sanjiv Paswan and Kailash Paswan, who are not petitioners.

In the facts and circumstance of the case, let the petitioner no. 2 and petitioner no. 3, above named, in the event of their 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 amount each to the satisfaction of learned Chief Judicial Magistrate , Madhepura in connection with Kumarkhand P.S Case No.70 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C (Sunil Kumar Panwar, J) N.K/- U T