Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62003 of 2021 Arising Out of PS. Case No.-44 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

SHAMBHU PASWAN S/O LATE DEV NANDAN PASWAN R/o villageDeviganj, P.S.- Narpatganj, Distt.- Araria 2.

Mukesh Paswan @ Mukesh Kumar S/o Shambhu Paswan R/o villageDeviganj, P.S.- Narpatganj, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 304/34 of the Indian Penal Code.

It is a case of scuffle between the informant and the accused persons and when the wife of the informant came to rescue her husband, due to which, she fell down. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is no intention of the petitioners to kill the deceased and the deceased died due to cardiac arrest (Heart

Patna High Court CR. MISC. No.62003 of 2021(3) dt.06-07-2022 2/2 attack) Learned APP appearing for the State has opposed the prayer for anticipatory bail and submitted that from the case diary as well as from the postmortem report, it appears that no external injury was found by the conducting doctor and the viscera was preserved.

Considering the aforesaid submissions, let the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Narpatganj P.S. Case No. 44 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U