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Patna High CourtCR. MISC./68086/2019allowed

Bipin Paswan @ Bipin Kumar v. The State Of Bihar

2019-11-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68086 of 2019 Arising Out of PS. Case No.-192 Year-2018 Thana- SILAO District- Nalanda ====================================================== Bipin Paswan @ Bipin Kumar, aged about 22 years, Male, Son of Late Sakaldev Paswan, Resident of Village- Nanand, P.S.- Silao, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Silao P.S. Case No. 192 of 2018 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per t he F.I.R., it appears that some altercation in between the children took place in the school and it is alleged that when the father of Shalu Kumari and Nikki Kumari went to the house of one Bablu Kumar to make complaints he fired on the father of the informant causing injury to him. So far this petitioner is concerned, there is allegation that they surrounded the deceased.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68086 of 2019(3) dt.16-11-2019 2/2 police after investigation has submitted final form not finding the case true against him and the cognizance of the offence has been taken and moreover, there is no allegation of firing on the petitioner. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court dated 06.11.2019 passed in Cr. Misc. No.56662 of 2019.

In the facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Bihar Sharif, District- Nalanda in connection with Silao P.S. Case No. 192 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T