Baban Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.275 of 2022 Arising Out of PS. Case No.-204 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

Baban Paswan Son Of Raghunandan Paswan Resident Of Village - Lodhi Baraon, P.S.- Sasaram (M), District - Rohtas. 2.

Shama Paswan Son of Baban Paswan Resident of Village - Lodhi Baraon, P.S.- Sasaram (M), District - Rohtas.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per F.I.R is that when the informant was in his mill, all the F.I.R named accused persons including petitioners, variously armed entered into the mill and started assaulting the informant. The accused persons also fired in the air.

Patna High Court CR. MISC. No.275 of 2022(2) dt.25-07-2022 2/2 It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The informant did not receive any firearm injury.

Considering the fact that earlier the petitioners were granted anticipatory bail by the learned Sessions Judge, Rohtas, Sasaram vide order dated 26.03.2019, this Court is not inclined to grant anticipatory bail to the petitioners.

Accordingly, the application is disposed off with a direction to the learned Court below to consider the regular bail of the petitioners, keeping in view the fact that earlier the petitioners were granted anticipatory bail on merits and without being prejudiced by the order of this Court.

(Sunil Kumar Panwar, J) Shageer/- U T