Panalal Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50608 of 2018 Arising Out of PS.Case No. -87 Year- 2018 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Panalal Paswan,

2. Sonelal Paswan, Both are sons of Girgit Paswan, resident of VillageTrilokwa, Police Station- Shikarpur, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302, 307, 323, 34 of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of grazing she goat in the sugarcane field of the informant, an altercation took place, as a result of which, accused persons came there armed with deadly weapons and started assaulting son of the informant. The son of the informant sustained injury and died in course of treatment.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The

Patna High Court Cr.Misc. No.50608 of 2018 (3) dt.25-10-2018 petitioners have been falsely implicated in the present case. The specific allegation of assaulting the deceased on his head is against Gautami Devi and Girgit Paswan. General and omnibus allegation has been made against seven persons including the petitioners. No specific injury is attributed against the petitioners. From perusal of the postmortem report, it appears that there is only one external injury.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 87 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T