Mithun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41601 of 2019 Arising Out of PS. Case No.-197 Year-2018 Thana- BALIYA District- Begusarai ====================================================== 1.

MITHUN PASWAN Son of Nandlal Paswan Resident of Village- Paharpur, P.S.- Balia, District- Begusarai.

2.

Raj Kumar @ Raj Kapur Paswan @ Raj Kumar Paswan Son of Jagadish Paswan Resident of Village- Paharpur, P.S.- Balia, District- Begusarai. 3.

Ramnaresh Paswan Son of Nandlal Paswan Resident of Village- Paharpur, P.S.- Balia, District- Begusarai.

4.

Pappu Paswan Son of Nandlal Paswan Resident of Village- Paharpur, P.S.- Balia, District- Begusarai.

5.

Sakaldew Paswan Son of Late Raghunandan Paswan Resident of VillagePaharpur, P.S.- Balia, District- Begusarai. 6.

Jito Paswan Son of Late Raghunandan Paswan Resident of VillagePaharpur, P.S.- Balia, District- Begusarai. 7.

Rudal Paswan @ Sukhan Paswan @ Suwan Paswan Son of Ram Narayan Paswan Resident of Village- Paharpur, P.S.- Balia, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Balia Police Station Case No. 197 of 2018, disclosing offences under Sections 447/341/323/324/307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioners is that they

Patna High Court CR. MISC. No.41601 of 2019(2) dt.05-07-2019 2/3 along with other accused, Bipin Paswan, fired upon the informant, which hit the informant near his right arm. Learned Counsel for the petitioners submits that there is general and omnibus allegation against the petitioners and the only injury caused to the informant is due to the bullet fired by co-accused Bipin Paswan. He further submits that the parties are agnates and there is case and counter case inasmuch as the brother of petitioner no. 3 has lodged Balia Police Station Case No. 194 of 2018 against the side of the informant for the offence punishable under Section 307 and other allied sections of the Indian Penal Code.

After having heard learned Counsel for the parties and taking into consideration the fact that there is case and counter case and there is no specific allegation against the petitioners, this application is allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Balia Police Station Case No. 197 of 2018, subject to the condition laid down under Section 438 (2) of the

Patna High Court CR. MISC. No.41601 of 2019(2) dt.05-07-2019 3/3 Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √