Partly allowed

Sanjay Paswan v. The State of Bihar

Patna HC19 Dec 2019CR. MISC./60025/2019

Case brief

AI extract

What is this about?

The Patna High Court denied anticipatory bail to petitioners 1 and 3 due to specific serious allegations, directing them to seek regular bail, while granting bail conditions to petitioners 4, 6, 7, 8, and 9 subject to arrest or surrender within six weeks.

What did the court decide?

Bail granted to petitioners 4, 6, 7, 8, 9 subject to conditions and surrender within six weeks; petitioners 1, 3 directed to seek regular bail.

Sanjay Paswan Vs The State of Bihar — Quashing and FIR | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60025 of 2019

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Arising Out of PS. Case No.-103 Year-2019 Thana- CHAUSA District- Madhepura

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======================================================

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SANJAY PASWAN Son of Narayan Paswan Resident of Village - Bhawanpura tola, P.S.- Chousa, Dist.- Madhepura.

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Umesh Paswan Son of Narayan Paswan Resident of Village - Bhawanpura tola, P.S.- Chousa, Dist.- Madhepura.

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Shalendra Paswan Son of Narayan Paswan Resident of Village - Bhawanpura tola, P.S.- Chousa, Dist.- Madhepura.

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Bhakul Paswan Son of Narayan Paswan Resident of Village - Bhawanpura tola, P.S.- Chousa, Dist.- Madhepura.

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Rajan Paswan @ Rajan Kumar Son of Umesh Paswan Resident of Village - Bhawanpura tola, P.S.- Chousa, Dist.- Madhepura.

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Sagasr Paswan Son of Umesh Paswan Resident of Village - Bhawanpura tola, P.S.- Chousa, Dist.- Madhepura.

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Santosh Paswan Son of Umesh Paswan Resident of Village - Bhawanpura tola, P.S.- Chousa, Dist.- Madhepura.

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Gulsan Paswan @ Gulsan Kumar Son of Sanjay Paswan Resident of Village - Bhawanpura tola, P.S.- Chousa, Dist.- Madhepura.

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Gujur Paswan @ Chhote Paswan @ Chhote Lal Paswan Son of Narayan Paswan Resident of Village - Bhawanpura tola, P.S.- Chousa, Dist.Madhepura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 19-12-2019

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It appears that vide order dated 16.11.2019, the

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prayer of the petitioner nos. 2 and 5 stood dismissed as withdrawn.

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So far remaining petitioners are concerned, they apprehend their arrest in connection with Chousa P.S. Case No.

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Patna High Court CR. MISC. No.60025 of 2019(4) dt.19-12-2019 2/3

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103 of 2019, disclosing offences under Sections 341, 323, 386, 504, 506 and 34 of the Indian Penal Code.

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Prosecution case is that earlier to filing of the present case by the informant, a case has been filed by the wife of the deceased against the petitioners for demand of extortion and due to which, they assaulted the wife of informant, thereafter, wife of the informant died and after postmortem, when the information was cremating her dead body, petitioners came variously armed and there is specific allegation against petitioner nos. 1 and 3 on the point of pistol, threatened the informant to remove the dead body and against all the accused persons, it is alleged that they assaulted the informant and others and also made firing in the air.

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Submission of learned counsel for the petitioners is that prior to the present case lodged by the informant, wife of petitioner no. 2 has lodged a case against the informant and due to which, this false case has been lodged by the informant.

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Heard learned A.P.P. also.

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Having heard both sides, considering the submission as above and also the fact that there are specific allegations against petitioner nos. 1 and 3, I am not inclined to grant them privilege of anticipatory bail rather they have to surrender in the

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Patna High Court CR. MISC. No.60025 of 2019(4) dt.19-12-2019 3/3

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court below and pray for regular bail and if any such application is filed, the same will be disposed of by the court below on the merit of the case.

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So far other petitioners i.e. petitioner nos. 4, 6, 7, 8 and 9 are concerned, in the event of their arrest or surrender before the court below within six weeks, they are directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura, in connection with Chousa P.S. Case No. 103 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Vinod Kumar Sinha, J)

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sunilkumar/-

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U T

Sanjay Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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