Surendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11080 of 2017 Arising Out of PS.Case No. -200 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Surendra Paswan, Son of Mahendra Paswan, resident of village - Baligarh, Naya Tola, P.S. Runni Saidpur, Distt. - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajan For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. According to FIR, this petitioner fired causing injury at the stomach of Bharat Chaudhary which caused death of Bharat Chaudhary.

Submission of the petitioner is that on the day of occurrence the petitioner was getting treatment at Bombay as he was suffering from paralysis.

The case diary would reveal that either the witnesses have supported the allegation as hearsay witnesses or

Patna High Court Cr.Misc. No.11080 of 2017 (3) dt.27-04-2017 there is general and omnibus allegation of firing against the several persons including the petitioner.

Considering the fact that there is direct allegation against the petitioner in the First Informant Report, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail in connection with Runni Saidpur P.S. Case No.200 of 2012 pending in the court of learned Chief Judicial Magistrate, Sitamarhi is refused.

Arvind/- (Birendra Kumar, J) U T