Dilip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40936 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- MANPUR District- Nalanda ====================================================== 1.

Dilip Paswan Son Of Ramesh Paswan, Resident Of Village- Itaura, P.S.- Manpur, District- Nalanda 2.

Manoj Paswan Son Of Ram Pravesh Paswan Resident Of Village- Itaura, P.S.- Manpur, District- Nalanda ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners in the present case are seeking prearrest bail in connection with Manpur P.S. Case No.- 83 of 2023 registered for the offences punishable under Sections 147, 148, 149, and 307 of the Indian Penal Code and under Section 27 of the Arms Act. He has got no criminal antecedent.

3. Learned counsel for the petitioners submits that on 08.05.2023 while the informant was present at the police station he got information that at village - Itaura some miscreants are indulged in fight and firing. When the police reached there the petitioners along with several other persons who were indulged in firing on each other tried to escape. Four empty cartridges

Patna High Court CR. MISC. No.40936 of 2023(2) dt.28-07-2023 2/3 recovered from the place of occurrence.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. It is submitted that there is no overt act against any person and nobody has sustained any injury.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the submissions that the name of the petitioners have been implicated on mere suspicion, there is no overt act against any person and nobody has sustained any injury, the petitioners have otherwise no criminal antecedent, this Court directs that in case of their arrest or surrender within a period of four weeks from today, the petitioners above named shall be enlarged on bail in connection with Manpur P.S. Case No.- 83 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court of C.J.M., Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case, at any stage, it is found that the petitioners have concealed their

Patna High Court CR. MISC. No.40936 of 2023(2) dt.28-07-2023 3/3 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T