Bheem Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42746 of 2017 Arising Out of P.S.Case No. -75 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ====================================================== Bheem Paswan son of Sri Kameshwar Paswan, Resident of VillageRaghaupura, P.S.- Bahadurpur, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Thakur, Advocate : Mr. Nilesh Kumar, Advocate : Mr. Shashank Shekhar, Advocate.

For the Opposite Party : Mr. Nand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-09-2017 Heard.

The petitioner apprehends arrest in connection with Bahadurpur P.S.Case No.75 of 2017 pending in the Court of SDJM, Darbhanga registered for an offence under Sections 147, 148, 149, 341, 342, 323, 324, 307 and 302 of the IPC. The learned counsel for the petitioner submits that there is omnibus allegation of assault against the petitioner who is one of the 21 named accused. This petitioner is co-sharer of the informant and the case has been lodged on account of land dispute. The other co-accused has been allowed anticipatory bail in Cr.Misc.No.41749 of 2017 and so this petitioner also deserves anticipatory bail.

Patna High Court Cr.Misc. No.42746 of 2017 (3) dt.18-09-2017 2/2 The learned APP opposed the submissions.

On perusal of FIR, I find that as many as 21 accused persons intercepted and assaulted the nephew of the informant who subsequently died. The accused persons further assaulted his another nephew, namely, Praveen Paswan by giving knife blows. The allegation of causing stab injuries to Praveen Paswan is specific against this petitioner and one Bindeshwar Paswan. The injury report of Praveen Paswan shows that he sustained two incised wound over his left scapular region which was found grievous. The petitioner's antecedent is also mentioned at para-3 of this application and he is involved in one more case bearing Bahadurpur P.S.Case No.74 of 2017.

Considering the specific allegation of causing grievous injury on left scapular region of one of the victim and also his antecedent, I am not inclined to grant anticipatory bail to the above named petitioner. Accordingly, the prayer for anticipatory bail is rejected.

(Sanjay Kumar, J) B.Kr./- U T