Lalit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9524 of 2020 Arising Out of PS. Case No.-466 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.
LALIT PASWAN Son of Mantu Paswan @ Mintu Paswan Resident of Village- Baraki Mahamadpur, P.S.- Bakhtiyarpur, District- Patna. 2.
Raja Ram Paswan Son of Late Bulkan Paswan Resident of Village- Baraki Mahamadpur, P.S.- Bakhtiyarpur, District- Patna. 3.
Mahesh Paswan Son of Late Baldeo Paswan Resident of Village- Baraki Mahamadpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-03-2020 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Bakhtiyarpur Police Station Case No. 466 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 354, 307, 379, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation against the petitioners, as per the First Information Report, is that a scuffle took place between the informant and one tempo driver, Ganu Yadav on 09.09.2018 on the issue of payment of fare and on the date of occurrence, i.e.
Patna High Court CR. MISC. No.9524 of 2020(2) dt.04-03-2020 2/3 on 11.09.2018, the said Ganu Yadav, along with 30-40 other accused persons, who run a group in the name and style of Lakkha Group, arrived at the village of the informant and started assaulting the informant and his friends, who were playing ludo, by means of lathi, danda etc. It has further been alleged that 11 named accused persons and 30-40 unknown accused persons started firing and assaulting the family members of the informant and other villagers also. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to the village politics and no specific allegation has been levelled against them and the allegations are general and omnibus in nature.. He, referring to Annexure-2, submits that similarly situated co-accused persons have been granted anticipatory bail by this Court by order, dated 27.03.2019, passed in Criminal Misc. No. 17576 of 2019.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the allegation levelled against the petitioners are general and omnibus in nature and similarly situated co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
Patna High Court CR. MISC. No.9524 of 2020(2) dt.04-03-2020 3/3 This application is, accordingly, allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Barh, Patna, in connection with Bakhtiyarpur Police Station Case No. 466 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √