Deepak Paswan @ Teni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73064 of 2019 Arising Out of PS. Case No.-86 Year-2018 Thana- KHAGAUL District- Patna ====================================================== DEEPAK PASWAN @ TENI, aged about 30 years, Male, S/o Chini Paswan R/o Garikhana, P.S.- Khagaul, District- Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Khagaul P.S. Case No. 86 of 2018 registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. The accusation is that while the informant, along with her husband and Munshi, Arun, was going to Dallu Chak, Khagaul, boarding on Scorpio jeep, in the way six persons, named in the first information report, including the petitioner, surrounded the vehicle. At that time, Arbind Paswan, fired causing injury to her husband, Manoj Kumar Singh. At that time, her husband was identified by Rajendra Singh. After making firing all fled away.

Submission is that the petitioner is not named in the first information report rather his name furfaced in the

Patna High Court CR. MISC. No.73064 of 2019(2) dt.19-11-2019 2/2 confessional statement of co-accused, Amit Kumar. More so, allegation of firing is against Arbind Paswan. Sidhnath Ram, named in the first information report, has already been allowed the privilege of pre-arrest bail in Cr. Misc. No. 43874 of 2018 on 20.07.2018 by a coordinate Bench of this Court. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Khagaul P.S. Case No. 86 of 2018 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, V, Danapur, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T