Mahadev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10856 of 2023 Arising Out of PS. Case No.-786 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== MAHADEV PASWAN SON OF SARYUG PASWAN R/O VILLAGEPATIYASA, P.S.- AHIYAPUR, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pradeep Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Parmanand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 332, 333, 353, 188, 504, 506 of the Indian Penal Code.

Allegedly, petitioner, along with other co-accused persons, is said to have blocked the road by keeping the dead body. When police party came there to pacify the matter, they also pelted stones and bricks on them.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.10856 of 2023(2) dt.25-04-2023 2/2 general and omnibus in nature. Neither the petitioner was arrested from the spot nor anything has been recovered from his possession. Similarly situated co-accused have been enlarged on anticipatory bail by a co-ordinate bench of this court. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the similarly situated co-accused have been granted anticipatory bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ahiyapur P.S. Case No. 786 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T