Upendra Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3020 of 2018 Arising Out of PS.Case No. -84 Year- 2017 Thana -GOH District- AURANGABAD ======================================================

1. Upendra Paswan, son of Sri Rambrat Paswan

2. Manish Paswan @ Manish Kumar, son of Upendra Paswan, Both are resident of Village- Ghejna, Police Station- Goh, in the District of Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate. For the Opposite Party/s : Mr. Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-03-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Goh P.S. Case No. 84 of 2017 instituted for the offence under Sections 147, 149, 304, 341, 323, 448, 379 and 504 of the Indian Penal Code. It is alleged in the Fard-e-beyan that there is old dispute between the petitioners and other accused persons as named in the written report. It is further alleged that petitioner along with other accused persons brutally assaulted the mother of the informant who subsequently died during course of treatment. Learned counsel for the petitioners has submitted that there is no eye witness of the case. The Fard-e-beyan has been

Patna High Court Cr.Misc. No.3020 of 2018 (3) dt.19-03-2018 2/2 lodged after delay of about 11 days.

Case diary has been received.

Post mortem report is available in the case diary from which it appears that mother of the informant (since deceased) had received three injuries on her person caused by hard and blunt substance. All the injuries were ante mortem. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners stands rejected.

Petitioners may surrender before the court below and make prayer for regular bail which will be considered by the court below in accordance with law without being prejudiced by this order, if possible, on the same day.

(Sanjay Priya, J) S.Ali/- U T