Kapil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61366 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- NOORSARAI District- Nalanda ====================================================== KAPIL PASWAN, aged about 36 years, Male, Son of Late Lakhan Paswan, Resident of Village- Kairi Meyar, P.S.- Noorsarai, District- Nalanda ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar, Adv.

For the Opposite Party :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Noorsarai P.S. Case No. 142 of 2019 for the offences alleged under Sections 341, 448, 307, 504 and 34 of the Indian Penal Code and 27 of the Arms Act.

The accusation is that five persons, named in the first information report, including the petitioner, Kapil Paswan, came at the door of th informant, Sumangali Devi, at about 11.00 p.m. on 22.05.2019 and started to dash the door. When informant made protest, then, they asked about male members of the family. At that time, Suddhanshu Paswan climbed over the roof and fired twice on Lailoon Paswan, husband of the informant, who fell down. On raising alarm when the villagers reached there, all fled away. Husband of the informant rushed to Patna

Patna High Court CR. MISC. No.61366 of 2019(2) dt.14-10-2019 2/2 Medical College and Hospital where the treatment is going on. The submission of the learned counsel for the petitioner is that while the petitioner, Kapil Paswan, is named in the first information report, along with four others, but, specific allegation is against Suddhanshu Paswan, to shot fire twice at the belly of the husband of the informant. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Noorsarai P.S. Case No. 142 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, I, Nalanda at Biharsharif, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T