Ukesh Paswan @ Karu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13697 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- SOHSARAI District- Nalanda ====================================================== UKESH PASWAN @ KARU PASWAN Son of Lathaur Paswan Resident of Mohalla-Lohgani, Police Station-Sohsarai, District-Nalanda. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudish Kumar, Adv.
For the Opposite Party/s :
Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sohsarai P.S. Case No. 291 of 2023 dated 10.10.2023 for the offences punishable u/ss 147, 148, 149, 341, 323, 324, 307, 353, 332, 333, 504, 506 of the Indian Penal Code and u/s 45 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 8-10 people together were drinking liquor and after seeing police, they started to flee away but out of them, one Karan Kumar was apprehended by police, in the meantime, the accused persons including the petitioner attacked and started pelting stones and bricks on the police personnel due to which they sustained
Patna High Court CR. MISC. No.13697 of 2024(2) dt.05-03-2024 2/3 injury and also got the apprehended person released from police custody and caused hindrance in discharge of official duties.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by local Chowkidar. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 291 of 2023, subject to conditions as laid down
Patna High Court CR. MISC. No.13697 of 2024(2) dt.05-03-2024 3/3 under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T