Bishan Paswan @ Bishwanath Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.21988 of 2015 (2) dt.03-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21988 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== BISHAN PASWAN @ BISHWANATH PASWAN. S/O BHOLA PASWAN. RESIDENT OF VILLAGE - NAYAGAON, P.S.- DESRI, DIST.- VAISHALI.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Aslam Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-06-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Desri P.S. Case No. 17 of 2015 registered under Sections 143, 341, 447, 323, 324, 379 and 308 of the Indian Penal Code. The accusation is that informant was selling Tilkut and the petitioner said to give him 1 K.G. Tilkut, when the informant demand price of Tilkut then petitioner refused to make payment. Petitioner gave Bhala blow at the neck of the informant. Learned counsel for the petitioner submits that injury as found on the neck of the informant is simple in nature. It is further submitted that the present case is counter case of Desri P.S.

Patna High Court Cr.Misc. No.21988 of 2015 (2) dt.03-06-2015 Case No. 16 of 2015, which was filed by Deepak Paswan, son of the petitioner, against the informant of the present case and others. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T