Birju Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 47824 of 2015 Arising Out of PS.Case No. -137 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Birju Paswan.

2. Arjun Paswan.

Both sons of Budhan Paswan resident of Village - Mustafapur, P.S. - Bibhutipur, District - Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 06-11-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend arrest in Bibhutipur P.S. Case No. 137 of 2015 dated 28.06.2015 instituted under Sections 147/149/323/307/324/379/504/506 of the Indian Penal Code.

The allegation against the petitioners along with others is of assault and specifically against petitioner no. 1 of using knife for inflicting blow on the head and against petitioner no. 2 of assault by 'Farsa' and Iron rod on the head of the victims.

Learned counsel for the petitioners submits that the present case is false and fabricated and has been filed only as a counter blast to Bibhutipur P.S. Case No. 122 of 2015, which has been filed by the wife of one of the accused in

Patna High Court Cr.Misc. No.47824 of 2015 (2) dt.06-11-2015 2/2 the present case in which the allegation against the informant and others is of entering into the house and assaulting and abusing members belonging to the Scheduled Caste. Learned counsel submits that the injuries are simple in nature and the reports are not from the nearest PHC but rather from the Sub Divisional Hospital at Dalsingsarai. It is submitted that the petitioners have no criminal antecedent.

Learned A.P.P. submits that the allegation is direct and specific against the petitioners of inflicting blow on the head by knife, 'Farsa' and Iron rod and the injury report corroborates such allegation.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioners on anticipatory bail.

The application, accordingly, stands dismissed. However, in the event the petitioners surrender and pray for bail before the Court below, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.) P. Kumar U T