Amarjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36218 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

AMARJEET PASWAN Son of Ram Bharos Paswan Resident of village - Dih Borea, Police Station - Bibhutipur, Dist.- Samastipur. 2.

Devkala Devi Wife of Ram Bharos Paswan Resident of village - Dih Borea, Police Station - Bibhutipur, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard the parties.

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

3. The allegation against the petitioners is that they are involved in the murder of the husband of the informant.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. They have been made accused in the

Patna High Court CR. MISC. No.36218 of 2023(3) dt.28-08-2023 2/2 present case because the petitioners are the family members of co-accused Ram Bharos Paswan. The specific allegation is against the co-accused Ram Bharos Paswan and this fact is also evident from the case diary. Petitioners have no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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 Bibhutipur P.S. Case No.298 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T