Dilip Mahto vs The State Of Bihar on 22 April, 2011

             IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.11606 of 2011
                             DILIP MAHTO
                                 Versus
                         THE STATE OF BIHAR
                                   with
                       Cr.Misc. No.7698 of 2011
                       CHANDESHWAR PASWAN
                                 Versus
                         THE STATE OF BIHAR
                                -----------

02. 22.04.2011 Petitioners are apprehending their arrest in a

case registered under Sections 302, 120B of the I.P.C.

The accusation in the F.I.R. is that when the

victim was returning on a motorcycle along with one Ajay

Paswan at 7:00 P.M. in the evening, Shyam Paswan was

following the deceased along with one unknown person

when the firing was resorted to and subsequently the

neck of the victim was slit.

It is submitted by learned counsel for the

petitioners that though petitioners were named in the

F.I.R. but the informant in first part of the F.I.R. has

stated that there was enmity between the parties and

subsequently Ajay Paswan after one and half months of

the occurrence, on 01.12.2010 has stated in 161 Cr.P.C.

statement that the petitioner was driving the motorcycle

when Shyam Paswan resorted to fire. It is further

submitted that when the informant was known to the

petitioners then there was no occasion for the informant

not to state this fact in the F.I.R. which suggests that
2

informant had not seen the occurrence. It is also

submitted that deceased had serious criminal antecedent

and there is no eye witness to the occurrence.

Learned counsel for the State Mr. Thakur

submits that petitioners were named in the F.I.R. and the

informant has subsequently named the petitioner as

person who was driving the motorcycle on which accused

Shyam Paswan was travelling.

Considering the aforesaid facts, let the

petitioners namely 1. Dilip Mahto 2. Chandeshwar

Paswan, in the event of their arrest or surrender before

the Court below within a period of 12 weeks from today,

be released on anticipatory bail on furnishing bail bond

of Rs. 10,000/-(ten thousand) each with two sureties of te

like amount each to the satisfaction of Chief Judicial

Magistrate, Sitamarhi in connection with Parihar P.S.

Case No. 147 of 2010 corresponding to G.R. No. 2806 of

2010.

Shageer                                 ( Dinesh Kumar Singh, J)