Jai Narayan Paswan @ Niraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5358 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- BALUA BAZAR District- Supaul ====================================================== 1.

JAI NARAYAN PASWAN @ NIRAJ PASWAN Son of Devnandan Paswan Resident of Village - Madhubani, Ward No. 10, Police Station - Balua Bazar, District - Supaul.

2.

Mantu Paswan @ Santosh Kumar Paswan @ Santosh Paswan Son of Udai Chand Paswan Resident of Village - Madhubani, Ward No. 10, Police Station - Balua Bazar, District - Supaul.

3.

Alok Paswan @ Amod Kumar @ Alok Kumar Son of Udai Chand Paswan Resident of Village - Madhubani, Ward No. 10, Police Station - Balua Bazar, District - Supaul.

4.

Renu Devi @ Ranjana Devi Wife of Suresh Paswan @ Suresh Kumar Paswan Resident of Village - Madhubani, Ward No. 10, Police Station - Balua Bazar, District - Supaul.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-12-2021 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Balua Bazar (Lalitgram O.P.) P.S. Case No. 29 of 2020, registered for the offences punishable under Sections 147, 148,

Patna High Court CR. MISC. No.5358 of 2021(2) dt.14-12-2021 2/3 341, 323, 307, 302 of the Indian Penal Code.

As per FIR, two accused persons Uday Chandra Paswan and Devnandan Paswan were excavating soil from the land of the informant, when the mother of the informant asked them as to why were they excavating soil from her land, the accused persons including the petitioners badly assaulted his mother who succumbed to the injuries.

Learned counsel for the petitioner has submitted that there is land dispute between both the parties and the injuries on the the mother of the informant caused by hard and blunt substance. He has also submitted that as per inquest report no specific opinion about her death has been mentioned rather it has been mentioned that it appeared to the Investigating Officer that death was caused due to injuries sustained by the deceased. Learned counsel for the petitioner has further submitted that viscera report is still to be received from the forensic science laboratory.

Mr. Harendra Prasad, learned APP for the State has opposed the prayer for bail of the petitioners. There is allegation against the petitioners that along with other co-accused persons, they badly assaulted the deceased resulting into her death. As such, they are not entitled

Patna High Court CR. MISC. No.5358 of 2021(2) dt.14-12-2021 3/3 to the benefit of anticipatory bail.

Accordingly, their prayer for anticipatory bail is rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T