Patna High CourtCR. MISC./20794/2017bail granted

Munna Paswan v. The State Of Bihar

2017-05-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20794 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -DHANARUA District- PATNA ======================================================

1. Munna Paswan Son of Late Ganauri Paswan, Resident of Village- Badki Dhamaul, P.S.- Dhanarua, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shakti Suman Kumar, Adv. For the Opposite Party : Mr. Shyam Kumar Singh, APP 138 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-05-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 147, 148, 149, 302, 504 and 506 of the Indian Penal Code and the 27 of the Arms Act. For land dispute, on the order of the coaccused, Lalbabu Paswan, Ramparvesh Paswan and Ajit Paswan fired at the son of the informant, as a result whereof he died.

The learned counsel for the informant opposed the prayer on the ground that the petitioner was also a member of the unlawful assembly and some of the members of the unlawful assembly committed murder, hence, liability of the petitioner is there under Section 302/149 of the Indian Penal Code.

Patna High Court Cr.Misc. No.20794 of 2017 (2) dt.12-05-2017 For the purpose of anticipatory bail, the Court can not remain oblivious of the fact that some time innocent persons are also roped in criminal cases along with the real culprits.

Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Dhanarua P.S. Case No. 137 of 2017 to the satisfaction of the Subdivisional Judicial Magistrate, Masaurhi, Patna, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √