Dharmveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12157 of 2020 Arising Out of PS. Case No.-126 Year-2019 Thana- NAGARNAUSA District- Nalanda ====================================================== 1.

DHARMVEER KUMAR Son of Late Raj Kumar Paswan Resident of Jalalpur, P.S.- Nagarnausa, Distt - Nalanda.

2.

Vijay Paswan Son of Sri Degan Paswan Resident of Jalalpur, P.S.- Nagarnausa, Distt - Nalanda.

3.

Ravindra Paswan Son of Sri Vijay Paswan Resident of Jalalpur, P.S.- Nagarnausa, Distt - Nalanda.

4.

Nandu Paswan Son of Sri Degan Paswan Resident of Jalalpur, P.S.- Nagarnausa, Distt - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Adv.

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2020 Heard learned counsel for the petitioners and learned APP for the State, through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nagarnausa P.S. Case No. 126 of 2019, registered under sections 147, 148, 149, 188, 307, 337, 338, 353 and 427 of the Indian Penal Code.

As per allegation in the FIR, while the informant and others were taking steps to ensure that there is no encroachment on the 'payne', it is stated that the informant received

Patna High Court CR. MISC. No.12157 of 2020(2) dt.06-07-2020 2/3 information at 4.10 p.m. that some persons have encroached upon the 'payne'. On reaching the disputed spot at 4.45 p.m., the informant saw that 10-15 persons were attempting to encroach upon the said 'payne'. On seeing the police personnel, about 150-200 persons gathered there, variously armed, attacked the police personnel with stone, brick etc., causing injuries to them and also damaged the government vehicle. It is further stated that on information given by the Chaukidar, 24 named accused persons including the four petitioners herein were identified besides 150-200 unknown persons.

It is submitted by learned counsel for the petitioners that the allegations against the petitioners are general and omnibus in nature. From perusal of the FIR, it would be evident that while the informant states that he reached the disputed spot at about 4.45 p.m., the injury report at Annexure-2 would show that one of the injured was also being examined at the same time i.e. 4.45 p.m.. The petitioners have no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The

Patna High Court CR. MISC. No.12157 of 2020(2) dt.06-07-2020 3/3 petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Nagarnausa P.S. Case no. 126 of 2019, G.R. No. 2097 of 2019, they will be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T