Rajgir Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10037 of 2020 Arising Out of PS. Case No.-34 Year-2017 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.
RAJGIR PASWAN Son of Dashrath Paswan Resident of Village - Sahilapatti, P.S.- Saraiya, District - Muzaffarpur. 2.
Lavkush Paswan @ Lavkush Kumar Son of Wakil Paswan Resident of Village - Sahilapatti, P.S.- Saraiya, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kr. Goswami For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Saraiya case no. 34 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 283, 427, 332, 431, 353, 504 of Indian Penal Code. The allegation is regarding the accused persons having formed a mob and had engaged in damaging vehicles as also had blocked the road on account of death of one person. It is further alleged that the said accused persons, while demanding to carry out investigation regarding the death of the person in question, had also obstructed the police personnel from discharging
Patna High Court CR. MISC. No.10037 of 2020(2) dt.03-03-2020 2/3 their duty.
The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. It is further submitted that general and omnibus allegations have been levelled against the petitioners and similarly situated co-accused persons have already been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 27.04.2018, passed in Cr. Misc. no. 21262 of 2018.
Having regard to the facts and circumstances of the case and considering the submissions advanced by the learned counsel for the parties as also taking into account the parity of the case of the petitioner with those co-accused persons who have already been granted bail by a co-ordinate Bench of this Court, I deem it fit and appropriate to admit the abovenamed petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs.
Patna High Court CR. MISC. No.10037 of 2020(2) dt.03-03-2020 3/3 Judicial Magistrate, West Muzaffarpur in connection with Saraiya PS case no. 34 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T