Krishan Balabh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43577 of 2019 Arising Out of PS. Case No.-103 Year-2019 Thana- FATUA District- Patna ====================================================== 1.
Krishan Balabh Paswan Son of Nar Singh Paswan Resident of VillageBalawa, P.S.- Fatuha, District- Patna. 2.
Krishandeo Paswan Son of Nar Singh Paswan Resident of Village- Balawa, P.S.- Fatuha, District- Patna.
3.
Krishan Prakash Paswan @ Krisan Prakash @ Krisan Prakash Kumar Son of Nar Singh Paswan Resident of Village- Balawa, P.S.- Fatuha, District- Patna. 4.
Satyendra Paswan @ Satendra Paswan Son of Chhote Paswan Resident of Village- Balawa, P.S.- Fatuha, District- Patna. 5.
Rajesh Paswan @ Kara Paswan Son of Chhote Paswan Resident of VillageBalawa, P.S.- Fatuha, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Prasad Yadav For the Opposite Party/s :
Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in connection with Fatuha P.S. Case No. 103 of 2019 registered for the offence punishable under Sections 147, 148, 149, 341, 302 of the Indian Penal Code and Section 27 of the Arms Act.
In the course of regressing to the house by brother of the informant, ten named accused persons including the petitioners surrounded him, and on the exhortation of Jai Ram
Patna High Court CR. MISC. No.43577 of 2019(3) dt.09-09-2019 2/2 Paswan, Chhote Paswan resorted firing upon the head of his brother, resultantly, he died on the spot.
It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case due to land dispute and dirty village politics. There is no overt act is attributed to the petitioners. They do not happen to be assailant rather assailant is the Chhote Paswan. Petitioners have no criminal antecedent.
On the other hand, learned APP opposed the bail prayer of the petitioners.
In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Patna in connection with Fatuha P.S. Case No. 103 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T