Shyam Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6649 of 2018 Arising Out of PS. Case No.-702 Year-2017 Thana- HILSA District- Nalanda ======================================================

1. Shyam Paswan, son of Anandi Paswan

2. Ravinandan Paswan @ Chando Paswan @ Ravinandan, Son of Late Jagdish Paswan, Both residents of Village- Reri, P.S.- Hilsa, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Shri Manoj Kumar, Advocate For the Opposite Party/s :

Shri Sri Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-02-2018 Heard Shri Manoj Kumar, learned counsel for the petitioners and learned Additional Public Prosecutor. Two petitioners apprehending their arrest in connection with Hilsa P.S. Case No. 702 of 2017 registered for offence under Sections 341, 323, 307, 504, 506, 379/34 of the Indian Penal Code, 1860 have prayed for grant of bail in the event of their arrest or surrender.

Learned counsel for the petitioners by way of drawing my attention to Annexure -2 to the petition submits that there was case and counter case in between the parties. He further submits that the allegation against the petitioner regarding giving blow on the head was not serious in nature since injury was found to

Patna High Court Cr.Misc. No.6649 of 2018(3) dt.28-02-2018 2/3 be simple in nature so far petitioner no. 1 is concerned. Regarding petitioner no. 2 it has been argued that allegation was only exaggerated as if in the occurrence the petitioner had taken out golden chain from the grand son of the informant. Besides hearing, I have perused the materials available on record and after going through the same , I am of the opinion that since there is specific allegation against petitioner no. 1, there no reason to entertain prayer for anticipatory bail. Accordingly, prayer for grant of anticipatory bail in respect of petitioner no. 1 namely Shyam Paswan stands dismissed. So far petitioner no. 2 is concerned , on going through the F.I.R. it appears that he was shown to be member of the mob.

After the occurrence it was alleged that he had taken golden chain which prima facie appears to be exaggeration of the prosecution case. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner no. 2 namely Ravinandan Paswan @ Chando Paswan @ Ravinandan be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - I, Hilsa, Nalanda / concerned court in connection with Hilsa P.S. Case No.

Patna High Court Cr.Misc. No.6649 of 2018(3) dt.28-02-2018 3/3 the conditions as contemplated under section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U