Saheb Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31966 of 2015 Arising Out of PS.Case No. -125 Year- 2015 Thana -KOILWAR District- BHOJPUR ======================================================

1. Saheb Paswan Son of Ram Uchit Paswan resident of village - Gyanpur, P.S. Koilwar, District - Bhojpur

2. Mantu Miyan Son of Luddu Miyan resident of village - Dharhara, P.S. Ara Nagar, District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. A.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 342, 323, 364, 51,, 307 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is of snatching motorcycle of the informant and making attempt to kidnap him. It is also alleged that petitioner no.1 resorted to fire but it did not hit anyone. One coaccused was apprehended from the spot from whom firearm and live cartridge were recovered.

It is submitted by learned counsel for the petitioner that in the background of pending title suit, the accusation has been

Patna High Court Cr.Misc. No.31966 of 2015 (2) dt.11-08-2015 2/2 levelled when no injury was caused to the informant. Considering the fact that accusation is not specific against petitioner no.2, Mantu Pawan and he has no criminal antecedent, statement to that effect has been made in para 3 of the petition, let the above named petitioner no.2 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Ara, Bhojpur in connection with Koilwar P.S. Case No. 125 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

So far as petitioner no.1, Saheb Paswan is concerned, since he carries serious criminal antecedent, let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks.

(Dinesh Kumar Singh, J) Amrendra/- U T