Anil Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28347 of 2016 Arising Out of PS.Case No. -96 Year- 2015 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Anil Paswan, Son of Inar Paswan

2. Dasai Paswan, Son of Mahendra Paswan Both residents of Village - Barka Gaon, Chikua, P.S. Karja, District - Muzaffarpur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-07-2016 Heard Sri Nachiketa Jha, learned counsel for the petitioners and Sri Bharat Bhushan, learned Addl. Public Prosecutor.

Two petitioners, apprehending their arrest in Karja P.S. Case no.96/15 registered for the offence under Sections 304B, 201/34 of the Indian Penal Code, have prayed for grant of anticipatory bail.

Learned counsel for the petitioners, by way of referring to F.I.R. submits that the petitioners were not having any relation with the in-laws of the deceased. The only allegation against the petitioners is that they had aided in disposing of the dead body of the deceased. By way of referring to Annexure-2 i.e.

Patna High Court Cr.Misc. No.28347 of 2016 (2) dt.26-07-2016 2/2 order dated 23.02.2016 passed in Cr.Misc.No.8643 of 2016, he further submits that one of the co-accused, namely, Pukar Paswan having similar allegation like the petitioners has already been extended the privilege of anticipatory bail and, as such, the petitioners are also entitled to the same relief. Besides hearing learned counsel for the parties, I have also perused the materials available on record including the F.I.R. and order dated 23.02.2016. In view of the fact, particularly the fact that one of the co-accused having similar allegation has already been extended the privilege of anticipatory bail, there is no reason to deny the same relief to the petitioners.

Let both petitioners, namely (i) Anil Paswan (ii) Dasai Paswan , in the event of their arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Amit Kumar Tiwariy, learned J.M., 1st Class, Muzaffarpur (West) in connection with Karja P.S. Case no.96/2015, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U