Kailash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71007 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- KHANPURA District- Samastipur ====================================================== 1.

KAILASH PASWAN Son of Balak Paswan Resident of Village - Hasanpur, P.S.- Khanpur, Distt.- Samastipur.

2.

Radhe Shyam Paswan Son of Yugeshwar Paswan Resident of Village - Hasanpur, P.S.- Khanpur, Distt.- Samastipur.

3.

Nithish Paswan Son of Radhe Shyam Paswan Resident of Village - Hasanpur, P.S.- Khanpur, Distt.- Samastipur.

4.

Laxmi Paswan Son of Balak Paswan Resident of Village - Hasanpur, P.S.- Khanpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 This application, for grant of anticipatory bail, arises out of Khanpur P.S. Case No. 76 of 2019, disclosing offences under Sections 147, 148, 149, 302, 307, 323, 324, 341, 448 and 452 of the Indian Penal Code.

Allegation as per F.I.R. is that petitioners and several other accused persons came variously armed and assaulted the informant and others and there is specific allegation against one Ganga Prasad Paswan that he assaulted mother in law of the informant by means of khanti, due to which she died. Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.71007 of 2019(3) dt.09-12-2019 2/2 that petitioners have falsely been implicated in this case and no specific allegation has been attributed to the petitioners and altogether 22 persons are named in the F.I.R. and in postmortem report only three injuries were found and further the cause of death has been ascertained as brain hemorrhage. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of this case, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Samastipur, in connection with Khanpur P.S. Case No. 76 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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