STATE OF BIHAR Vs. BRIND PASWAN

JUDGEMENT

(1.) This suo motu criminal revision has been registered in pursuance of order of a learned Single Judge Bench dtd. 29/9/2020 passed in Cr. Misc. No. 1095 of 2020. The learned Bench was of the opinion that correctness and judicial propriety of order dtd. 23/12/2019 passed in A.B.P. No. 9658 of 2019 by learned Additional Sessions Judge-I, Patna City whereby the sole opposite party-Brind Paswan, herein, was allowed anticipatory bail, requires to be examined. Hence, this application.

(2.) Cr. Misc. No. 1095 of 2020 was prayer for anticipatory bail by accused Putur Paswan of Daniyawan PS. Case No. 171 of 2019 registered for offences punishable under Ss. 147, 148, 149, 323, 324 and 302 of the Indian Penal Code. The Hon'ble Bench noticed that allegation against Putur Paswan, who was refused anticipatory bail, and against Brind Paswan, who was allowed anticipatory bail, by the same Presiding Officer of the Court of 1st Additional Sessions Judge, Patna City, was of same magnitude of commission of assault by Katta and iron rod causing injury at the head and other parts of three persons including the informant. The injury caused to the mother of the informant resulted in her death.

(3.) Brind Paswan, opposite party herein, was noticed and has appeared through Mr. Arvind Kumar Singh, learned counsel.