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2022 Supreme(Pat) 908

SUNIL KUMAR PANWAR
Mustafa Hawari – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr.Jitendra Kumar (in both)
For the Opposite Party : Mrs.Pushpa Sinha (in 70440); Pawan Kumar Chaurasia (in 190)

ORDER

Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Adapur P.S. Case no. 193 of 2019 instituted for the offence punishable under Sections 341, 323, 324, 307 and 302/34 of the Indian Penal Code.

3. It is a case of assaulting due to which father of the informant, namely, Taahir Miyan succumbed to the injuries. Petitioner Mustafa Hawari assaulted to the deceased by means of iron rod on his head and Petitioner Kaushar Hawari assaulted by means of Farsa to him and during treatment he died.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case due to dirty village politics. There is case and counter case between the parties. In the alleged scuffle one person has died from the both side. Deceased and his family members had assaulted the petitioner and his father as a result of which, father of petitioners, namely, Almuddin Miya died during treatment. As per postmortem report cause of death is due to neurogenic shock as a result of fracture of scull

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