Lakhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5994 of 2021 Arising Out of PS. Case No.-14 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

Lakhan Paswan Son Of Late Bhaglu Paswan Resident Of Village-Samsa,P.SNaokothi,District-Begusarai. 2.

Malakh Paswan Son Of Lakhan Paswan Resident Of Village-Samsa,P.SNaokothi,District-Begusarai. 3.

Khirpat Mahto Son Of Dorik Mahto Resident Of Village-Samsa,P.SNaokothi,District-Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nakul Kumar Jamuar For the Opposite Party/s :

Mr. Pritish Kumar Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation, in short, is that due to dispute over immersion of idol, the accused persons fired at the Mami of the informant due to which she died.

Patna High Court CR. MISC. No.5994 of 2021(2) dt.09-08-2021 2/3 It has been submitted on behalf of the petitioners that the petitioner no. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Specific allegation of assault is alleged against co-accused Ranjit Mahto, Bambam Mahto, Ranveer Mahto, Jagdish Mahto, Sukh Shanti and Pankaj Mahto.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of Judicial Magistrate, 1st Class, Begusarai in connection with Naokothi P.S. Case No. 14/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of

Patna High Court CR. MISC. No.5994 of 2021(2) dt.09-08-2021 3/3 eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T