Chunchun Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51372 of 2017 Arising Out of PS.Case No. -94 Year- 2016 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Chunchun Paswan, son of Tilakdhari Paswan,

2. Dinesh Paswan @ Dinesh Kumar, son of Nandlal Paswan,

3. Jitendra Paswan, son of Ashok Paswan,

4. Sujit Paswan, son of Umesh Paswan,

5. Munchun Mistri, son of Bhola Mistri,

6. Pintu Paswan @ Pintu Kumar, son of Upendra Paswan,

7. Aklesh Paswan, son of Ganga Sagar Paswan,

8. Upendra Paswan, son of Deo Nandan Paswan,

9. Ajit Paswan, son of Chano Paswan @ Chando Paswan,

10. Chandirak @ Chanirak Paswan, son of Bodhi Paswan,

11. Vikash Kumar @ Vikash Paswan, son of Panjabi Paswan,

12. Umesh Paswan, son of Basudeo Paswan @ Basdeo Paswan, All are resident of village-Sipah, P.S.Deep Nagar, District- Nalanda. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Deepnagar P.S. Case no. 94 of 2016, registered under Sections 147, 148, 149, 341, 323, 504, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that due to objection by the informant in constructing the stairs by Biresh Yadav 36 persons named in the F.I.R., including the petitioner and 100 to 150 unknown persons came

Patna High Court Cr.Misc. No.51372 of 2017 (2) dt.31-10-2017 2/2 and started firing in which Santosh Kumar, grandson of the informant, and Deeplal Yadav sustained injury.

Learned counsel for the petitioners submits that while petitioner is named in the F.I.R. along with 100-150 unknown, but no specific overt act has been attributed against the petitioner. The similarly situated co-accused have already been granted pre-arrest bail by co-ordinate Bench of this Court vide order dated 21.07.2017, 28.06.2017 and 23.02.2017 passed in Criminal Miscellaneous No. 24646 of 2017, Criminal Miscellaneous No. 16050 of 2017 and Criminal Miscellaneous No. 48918 of 2016, respectively. Further submission is that petitioners have no criminal antecedent. Having regard to 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 four 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 the Judicial Magistrate, Nalanda at Biharsharif in connection with Deep Nagar P.S. Case No. 94 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.