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
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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
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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)