Suryabansh Paswan @ Suryawansh Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.47055 of 2015 (3) dt.27-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47055 of 2015 Arising Out of PS.Case No. -259 Year- 2014 Thana -DAUDNAGAR District- AURANGABAD ====================================================== SURYABANSH PASWAN @ SURYAWANSH PASWAN, SON OF BABU RAM PASWAN, RESIDENT OF VILLAGE- SANSHA TOLA BHULETAN BIGHA, P.S. DAUDNAGAR, DISTRICT- AURANGABAD .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Daudnagar P.S. Case No. 259 of 2014 registered under Sections 147, 148, 149, 323, 326, 302, 307 and 504 of the Indian Penal Code, pending in the court of S.D.J.M., Daudnagar, Aurangabad. The allegation of informant, Arun Kumar, is that on 08.09.2014, in the evening, his brother, Muni Lal Paswan was returning to his house, in the way, at the door of Babu Ram Paswan, Muni Lal Paswan asked him to fill up ditch. On which, petitioner along with 11 others surrounded Muni Lal Paswan and started to cause injury to him, when father and mother of the

Patna High Court Cr.Misc. No.47055 of 2015 (3) dt.27-01-2016 informant reached there to save then petitioner caused injury through sword at the head of the father of the informant and other co-accused also caused injury through Lathi and Danda. Learned counsel for the petitioner submits while there is specific allegation against the petitioner to cause injury to the father of the informant but in the postmortem report, three stitched wound were found on the person of the deceased and cause of death is shown by the injury caused by hard and blunt substance. Having considered the facts and circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within six weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T