Deepak Kumar @ Deepak Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31238 of 2019 Arising Out of PS. Case No.-241 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== DEEPAK KUMAR @ DEEPAK PASWAN Son of Ramchandra Paswan Resident of Village-Gara, P.S.-Bhagwanpur, District-Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Naresh Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bhagwanpur P.S. Case No. 241 of 2018 for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner has stated that 'Amardeep Paswan' has been wrongly typed in place of 'Amarjeet Paswan' in paragraph 7, 8 and 9 of the application.

Let necessary correction be done in the application in course of the day.

It appears from the First Information Report that while celebrating a marriage function, the family members were opening fire, one of which hit the informant's son, who died. The fatal shot was allegedly fired by co-accused Amarjeet

Patna High Court CR. MISC. No.31238 of 2019(2) dt.10-05-2019 2/2 Paswan.

Learned counsel appearing on behalf of the petitioner has submitted that there is no allegation against him, which can be said to be constituting any offence under Section 302 of the Indian Penal Code. I find substance in his submission.

This application is accordingly allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai, in Bhagwanpur P.S. Case No. 241 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T