Dismissed

Shani Paswan @ Sanni Paswan and Ors. v. The State Of Bihar

Patna HC3 Oct 2017CR. MISC./45595/2017

Case brief

AI extract

What is this about?

Patna High Court rejected the petition for anticipatory bail against allegations involving assault, theft, arson, and attempt to murder under the IPC, citing criminal antecedents. The court ordered surrender within six weeks for regular bail consideration.

What did the court decide?

Anticipatory bail rejected; petitioners directed to surrender within six weeks for regular bail consideration.

Shani Paswan @ Sanni Paswan and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.45595 of 2017

¶3

Arising Out of PS.Case No. -75 Year- 2017 Thana -KHUDAGANJ District- NALANDA

¶4

(BIHARSHARIFF)

¶5

====================================================== 1. SHANI PASWAN @ SANNI PASWAN, Son of Deban Paswan, 2. Chandan Devi, D/o Deban Paswan,

¶6

Manju Devi, W/o Deban Paswan, all resident of Village- Serthua Khurd, Police Station- Khudaganj, District- Nalanda.

¶7

.... .... Petitioners

¶8

Versus

¶9

The State of Bihar.

¶10

.... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Sunil Prasad, Advocate. For the Opposite Party : Mr. S.M. Rahman, A.P.P.

¶11

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

¶12

2 03-10-2017 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no.

¶13

¶14

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 307, 379, 427 and 436/34 of the IPC.

¶15

The prosecution story, in brief, is that on 19.06.2017 at about 9.00 A.M., while nephew of the informant, namely, Niranjan Paswan was putting bricks on his land, the petitioners alongwith other co-accused came there and started altercation with him and when the informant went to pacify the matter, co-accused

¶16

Patna High Court Cr.Misc. No.45595 of 2017 (2) dt.03-10-2017

¶17

2/3

¶18

Dewan Paswan gave Garasa blow upon the informant causing cut injury in his nose, ear and mouth and blood started oozing from his nose and eye and when Niranjan Paswan came to rescue him, the accused persons threw him down and Shani Paswan took out Rs. 2000/- from his pocket. Niranjan Paswan fled away his home for saving himself. The accused persons entered into his house and Shani Paswan took Rs. 20,000/- and clothes, petitioners Manju Devi and Chandan Devi took a chain and ear ring from the informant’s wife Rekha Devi. The accused persons set fire in hut and bunch of straw of Niranjan Paswan causing loss of Rs. 16,000/- to him. The injured was admitted in hospital.

¶19

It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The main allegation of assault is against co-accused Dewan Paswan. He is not the petitioner in the present application. From perusal of the order of the learned Sessions Judge, it appears that there is no injury report in the case diary to support the allegation made in the F.I.R. which doubts the manner of occurrence.

¶20

On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioners are

¶21

Patna High Court Cr.Misc. No.45595 of 2017 (2) dt.03-10-2017

¶22

3/3

¶23

named in the F.I.R/ complaint case and the petitioners have got criminal antecedent.

¶24

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners. The same is rejected in connection with Khudaganj P.S. Case No. 75/2017, pending in the court of learned A.C.J.M. Hilsa,Nalanda. Anyhow, if the petitioners surrender in the court below within a period of six weeks from today and file application for regular bail the same shall be considered on its own merit preferably on the same day taking into account that the petitioner nos. 2 and 3 are ladies and no specific injury has been attributed against them.

¶25

U.K./U T

¶26

(Sudhir Singh, J)

Shani Paswan @ Sanni Paswan and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Shani Paswan @ Sanni Paswan and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Attam Hayat Vs State Of Bihar and Anr.

Hari Shankar Shrama and Anr. Vs The State Of Bihar

Aarti Devi @ Mintu @ Aarti Singh Vs The State Of Bihar

Deep Narayan Thakur Vs The State Of Bihar and Ors.

Brij Mohan Mahto Vs The State Of Bihar

Brahmdeo Mandal and Anr. Vs The State Of Bihar