Jano Paswan @ Manoj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35692 of 2022 Arising Out of PS. Case No.-26 Year-2021 Thana- BELCHHI District- Patna ====================================================== 1.
Jano Paswan @ Manoj Paswan Son Of Late Kailash Paswan R/O VillageMasatthu, P.S.- Belchhi, District- Patna 2.
Amarlal Paswan Son Of Saryug Paswan R/O Village- Masatthu, P.S.- Belchhi, District- Patna 3.
Sri Paswan @ Srikant Paswan Son Of Nande Paswan R/O VillageMasatthu, P.S.- Belchhi, District- Patna 4.
Sri Nande Paswan @ Nandu Paswn Son Of Late Bhago Paswan @ Bhagwat Paswan R/O Village- Masatthu, P.S.- Belchhi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gyanendra Kumar Singh For the Opposite Party/s :
Mr. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.1, as he has already been arrested by the police, during pendency of this
Patna High Court CR. MISC. No.35692 of 2022(2) dt.21-11-2022 2/3 application.
Permission is granted.
Accordingly, the instant application as against the petitioner no.1 is dismissed as withdrawn.
Now, this application is being heard for consideration of anticipatory bail as against the petitioner no.2,3 & 4 only.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 354, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
Petitioners are said to assaulted the informant and his family members and also fired at the house of the informant. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner no.3 had lodged a case bearing Belchhi P.S. Case No.25/2021 earlier to the instant case for the same occurrence disclosing the informant's husband. He submits that the instant case in outburst due to love affairs between the daughter of the informant and the son of the petitioner no.4. He further submits
Patna High Court CR. MISC. No.35692 of 2022(2) dt.21-11-2022 3/3 that petitioner no.1 to 3 have one criminal antecedent and petitioner no.4 have two criminal antecedents as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation against the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds 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 Belchhi P.S. Case No. 26/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T