Naro Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11141 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Naro Paswan, son of Baleshwar Paswan,

2. Saina Paswan, son of Siya Paswan,

3. Vikash Paswan, son of Naro Paswan,

4. Bhushan Ram, son of Lakhan Paswan,

5. Tunna Paswan, son of Naro Paswan,

6. Randhey Paswan, son of Siya Paswan,

7. Gulli Paswan, son of Siya Paswan, All Sl No.1 to 7 R/o Village- Ramjan Pur, P.S.- Barbigha, District- Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-03-2017 Heard both sides.

The petitioners apprehend their arrest in Barbigha P.S. Case No. 15/2017, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant named 12 petitioners and alleged that they all having armed with lathi and danda came. Mukesh Paswan fired at Shrawan Kumar, son of the informant. The informant further alleged that Raja Ram Paswan was also assaulted. Learned counsel for the petitioners submits that there is omnibus and general allegation of assault against the petitioners.

Patna High Court Cr.Misc. No.11141 of 2017 (2) dt.27-03-2017 2/2 Shrawan Paswan got two entrance wounds over the chest, which are grievous in nature and other two injuries are abrasion and laceration, which are simple in nature. No specific allegation of assault is made against the petitioners. There is land dispute between the parties.

Learned counsel for the informant vehemently opposed the prayer of anticipatory bail.

Considering the facts aforesaid and the fact that the petitioners neither assaulted the informant nor his son, the informant made specific allegation against Mukesh Paswan that he fired at Shrawan Kumar and Mukesh Paswan is in jail, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 the learned Additional Chief Judicial Magistrate II, Sheikhpura, in connection with Barbigha P.S. Case No. 15/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T