Kanhaiya Paswan @ Kanhaiya Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32610 of 2020 Arising Out of PS. Case No.-98 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== Kanhaiya Paswan @ Kanhaiya Kumar Paswan, aged about 24 years, male, Son of Lalit Paswan, Resident of Village- Madhopur, P.S.- Laukaha, DistrictMadhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Shubham, Adv.
For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2021 Heard Ms. Kumari Shubham, learned counsel for the petitioner and Md. Aslam Ansari, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Laukaha P.S. Case No. 98 of 2019, dated 22.04.2019, instituted for the offences under Sections 147, 148, 302, 323, 324 and 504 of the Indian Penal Code. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.32610 of 2020(2) dt.20-02-2021 2/3 that the accusation of assault on the deceased is on three other persons but not on him. Though, the petitioner has been specifically named in the F.I.R., but the allegations against him are general and omnibus. The persons who are said to have assaulted the deceased are Bishun Paswan, Kapil Paswan and Bihari Paswan. It has further been submitted that there is a pending land dispute between the parties and a proceeding under Section 144 Cr.P.C. is also pending with respect to a dispute in which all the accused persons as well as the informant are involved. One of the accused persons, viz., Domi Paswan has filed the counter version of the occurrence in which the accused persons of this case have also received injuries. Aforesaid Domi Paswan has been granted anticipatory bail by a Bench of this Court vide order dated 25.11.2019 passed in Cr. Misc. No. 73865 of 2019.
The petitioner does not have criminal antecedents. Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of
Patna High Court CR. MISC. No.32610 of 2020(2) dt.20-02-2021 3/3 eight weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Madhubani in connection with Laukaha P.S. Case No. 98 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J) Praveen-II/- U T