Patna High CourtCR. MISC./36888/2020dismissed

Rajendra Paswan v. The State Of Bihar

2021-07-13Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36888 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Rajendra Paswan, S/o Rajdeo Paswan 2.

Sujeet Kumar, S/o Rajendra Paswan 3.

Vivek Kumar, S/o Rajendra Paswan 4.

Saheb Paswan, S/o Late Devram Paswan All are R/o Village- Pawai, P.S.- Muffasil, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-07-2021 Heard Mr. Krishna Prasad Singh, the learned Senior Advocate for the petitioners and Mr. Rajesh Kumar, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Aurangabad Muffasil P.S. Case No. 09 of 2020, dated 13.01.2020, instituted for the offences under Section 302 of the Indian Penal Code.

Patna High Court CR. MISC. No.36888 of 2020(4) dt.13-07-2021 2/3 This Court had called for the case diary and the postmortem report vide orders dated 07.04.2021 and 25.05.2021 respectively.

The petitioners are said to have assaulted the deceased after dragging him to a distance.

It has been submitted on behalf of the petitioners that nine persons are said to have assaulted the deceased but the postmortem report does not reveal that the petitioners were the assailants.

Perused the postmortem report.

The report discloses that the deceased died of antemortem injuries.

Regard being had to the nature of accusation against the petitioners, I am not inclined to grant anticipatory bail to them.

The prayer for grant of anticipatory bail of the petitioners is, accordingly, rejected.

However, if the petitioners surrender before the Court below and seek bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact

Patna High Court CR. MISC. No.36888 of 2020(4) dt.13-07-2021 3/3 that the present anticipatory bail application has not been entertained by this Court.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T