Anand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63729 of 2019 Arising Out of PS. Case No.-627 Year-2019 Thana- BIHTA District- Patna ====================================================== 1.

ANAND PASWAN Son of Sri Parma Nand Paswan Resident of Village - Dorapur, P.S.- Ranitalab, Distt.- Patna.

2.

Pappu Paswan Son of Sri Parma Nand Paswan Resident of Village - Dorapur, P.S.- Ranitalab, Distt.- Patna.

3.

Parmanand Paswan @ Perma Paswan Son of Naulakh Paswan Resident of Village - Dorapur, P.S.- Ranitalab, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Giri For the Opposite Party/s :

Mr.Rajeev Nayan (APP 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 302/34 and 120(B) of the Indian Penal Code, registered in connection with Bihta P.S.Cae No. 627 of 2019.

3. It is submitted that the petitioners have been falsely implicated on mere suspicion on the ground that they had been seen in an altercation with the deceased a month prior to the alleged occurrence. Except such suspicion, there is no objective material to connect the petitioners with the alleged occurrence.

Patna High Court CR. MISC. No.63729 of 2019(3) dt.04-12-2019 2/2 Petitioner nos. 1 and 2 are accused in one prior case of bailable nature while petitioner no.3 claims clean antecedents.

4. Learned APP, assisted by learned counsel for the informant, opposes the bail petition. It is submitted on the basis of the case diary that the witnesses have supported the prosecution case. After due investigation by the police, chargesheet has been filed in which the involvement of the petitioners has been found.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

6. If the petitioners surrender and seek regular bail before the learned court below, the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order. (Vikash Jain, J) HR/- U T