Abhisheikh Paswan @ Bisheikh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.114 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- BARIYARPUR District- Munger ====================================================== Abhisheikh Paswan @ Bisheikh Paswan, S/o Late Anuplal Paswan Resident of Village- Bangali Tola, P.S.- Bariarpur, Distt- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sevak Choudhary, Advocate.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-08-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Bariyarpur P.S. Case No. 72 of 2020, registered under Section 307 and other allied Sections of the Indian Penal Code. The accusation is that on 11.08.2020 at about 7 P.M., on receiving secret information about firing by Ramanand Paswan and Bhola Paswan, informant along with other police personnel reached at Banali Tola then saw that Mandal

Patna High Court CR. MISC. No.114 of 2021(2) dt.06-08-2021 2/3 community were standing on the road and amongst them, Makeshwari Mndal, Bipin Mandal and Kisan Mndal were present in injured condition. Thereafter, they were send for treatment. To maintain the peace, the police party proceeded towards the house of Ramanand Paswan. When the police party reached at the house of Ramanand Paswan then Ramanand Paswan, Parmanand Paswan, Bhola Paswan, Ganesh Paswan, Shashi Paswan, Nitish Paswan, Sheru Paswan and 20 to 25 unknown, on seeing the police party, started to abuse but informant tried to pacify the matter and also tried to take Ramanand Paswan in custody, then they attached to the police party by pelting bricks and stones and lathi and danda. Learned counsel for the petitioner submits that petitioner is not named in the FIR but in course of investigation, the name of the petitioner has surfaced in the re-statement of informant without any specific overt act. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of 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) with two sureties of the like

Patna High Court CR. MISC. No.114 of 2021(2) dt.06-08-2021 3/3 amount each to the satisfaction of the learned A.C.J.M.-II, Munger, in connection with Bariyarpur P.S. Case No. 72 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T