Vinay Jaiswal @ Vinay Kumar Jaiswal @ Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10121 of 2024 Arising Out of PS. Case No.-589 Year-2023 Thana- BAGHA District- West Champaran ====================================================== VINAY JAISWAL @ VINAY KUMAR JAISWAL @ VINAY KUMAR S/OUMESH PRASAD JAISWAL @ UMESH JAISWAL R/O- KAILASH NAGAR, NARAINAPUR, WARD NO.- 4, NARAIPUR, P.S.- BAGAHA (PATKHAULI), DIST.- WEST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bagaha P.S. Case No.589/2023, registered for the offence punishable under Sections 147, 148, 149, 186, 188, 341, 323, 307, 337, 338, 353, 332, 333, 152, 153, 153A, 295, 427, 504, 506, 509, 120B of the Indian Penal Code & Sections 3 & 4 of Prevention of Damage to Public Property Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of 10 cases and is on bail in all the cases. It is next submitted that the petitioner because of his antecedent has been falsely implicated in the present case, wherein it is alleged that the accused persons including the
Patna High Court CR. MISC. No.10121 of 2024(2) dt.28-02-2024 2/3 petitioner participated in Mahaviri Jhanda procession, which clashed with member of other community, where stones were also pelted from both sides damaging government property and police vehicles. The learned counsel submits that the petitioner has been falsely implicated in the present case. It is further submitted that from perusal of he allegation as alleged in the F.I.R., it would manifest that the allegations are general and omnibus in nature and the F.I.R. has been instituted against 143 named accused persons and nearly 300-350 unknown. It is further submitted that petitioner was also made an accused in Bagaha P.S. Case No.592/2023, which is mentioned at para-3 of the anticipatory bail application in which the allegations are similar to what has been alleged in the present F.I.R.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri G.N. Dubey, learned A.C.J.M.,-1st
Patna High Court CR. MISC. No.10121 of 2024(2) dt.28-02-2024 3/3 Bagaha, West Champaran, in connection with Bagaha P.S. Case No.589/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T