Mantu Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.3854 of 2017 (2) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3854 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Mantu Paswan, aged about 30 years, s/o Santan Paswan, r/o Parham, P.S. Nayaramnagar, District Munger.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dinesh Kumar Gupta, Advocate. For the Opposite Party/s : Mr. Sri Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Nayaram Nagar P.S. Case No. 115 of 2016 registered under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 25 of the Arms Act.

The accusation is that Bansi Sharma, Murli Sharma, Krishnandan Sharma, Sarojni Devi and Parbati Devi got down from Sumo Victa near a Tyre shop, which was being driven by this petitioner, where Vijay Kuamar Sharma, husband of the informant, was playing cards with Brahamdeo Choudhary, Paras Shaw, Birju Sharma. At that time, Murli Sharma, Krishnandan Sharma, Sarojni Devi and Parbati Devi caught hold the Vijay

Patna High Court Cr.Misc. No.3854 of 2017 (2) dt.15-02-2017 Kumar Sharma, husband of the informant, and Banshi Sharma shot fire at the head of the husband of the informant, who died at sot. The cause of occurrence is old enmity due to land dispute. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the specific allegation is against Banshi Sharma to cause firearm injury at the head of husband of the informant, who was caught hold by Murli Sharma, Krishnandan Sharma, Sarojni Devi and Parbati Devi. The petitioner is said to be present there being driver of vehicle. It is further submitted that petitioner has no criminal antecedent and is in custody since 30.08.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 the Additional Chief Judicial Magistrate, Munger, in connection with Nayaram Nagar P.S. Case No. 115 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T