Patna High CourtCR. MISC./38868/2018dismissed

Hari Paswan @ Hori Paswan @ Dharmendra Paswan v. The State Of Bihar

2018-07-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38868 of 2018 Arising Out of PS.Case No. -1021 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. HARI PASWAN @ HORI PASWAN @ DHARMENDRA PASWAN S/o Jawahar Paswan, R/o Amari, P.S.- Sasaram (M), District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Sasaram (M) P. S. Case No. 1021 of 2017, registered for offences punishable under Sections 307, 379, 504 and 34 of the Indian Penal Code and under Section 27 of the Arms Act. The allegation against the petitioner and other accused person is of committing theft of stone chips from the vehicle of the informant and on protest, he fired on the informant. Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and the other coaccused as per the FIR fired on the informant, is already on bail. Learned A.P.P. also opposes the prayer for bail. Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.38868 of 2018 (2) dt.09-07-2018 2/2 circumstances as discussed above, as well as criminal antecedent of the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by order of this Court on the same day. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T