Pravesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15756 of 2019 Arising Out of PS. Case No.-229 Year-2018 Thana- OBRA District- Aurangabad ====================================================== 1.
Pravesh Paswan, Son of late Govind Ram, Resident of Village- Ratanpura Tola Guljar Bigha, P.S.- Obra, District- Aurangabad. 2.
Pravesh Paswan @ Pravesh Pawasan, Son of Ramautar Ram, Resident of Village- Ratanpura Tola Guljar Bigha, P.S.- Obra, District- Aurangabad. 3.
Bindeshwari Paswan, Son of Birbal Ram, Resident of Village- Ratanpura Tola Guljar Bigha, P.S.- Obra, District- Aurangabad. 4.
Deepak Paswan, Son of Bindeshwari Paswan, Resident of VillageRatanpura Tola Guljar Bigha, P.S.- Obra, District- Aurangabad. 5.
Akash Paswan, Son of Suresh Paswan, Resident of Village- Ratanpura Tola Guljar Bigha, P.S.- Obra, District- Aurangabad. 6.
Satyendra Paswan, Son of Pravesh Paswan, Resident of Village- Ratanpura Tola Guljar Bigha, P.S.- Obra, District- Aurangabad. 7.
Sita Ram @ Sita Ram Paswan, Son of Late Makerdhani Ram, Resident of Village- Ratanpur, P.S.- Obra, District- Aurangabad. 8.
Ganauri Paswan, Son of Late Lakhan Paswan, Resident of VillageRatanpur, P.S.- Obra, District- Aurangabad. 9.
Manoj Paswan, Son of Rajendra Paswan, Resident of Village- Manaura, P.S.- Obra, District- Aurangabad (Bihar) 10.
Rajendra Paswan, Son of Nathun Paswan, Resident of Village- Manaura, P.S.- Obra, District- Aurangabad (Bihar) 11.
Vinod Paswan, Son of Doman Ram, Resident of Village- Manaura, P.S.- Obra, District- Aurangabad (Bihar) 12.
Dilip Paswan, Son of Yogendra Paswan, Resident of Village- Manaura, P.S.- Obra, District- Aurangabad (Bihar) 13.
Gujan Paswan @ Gunjan Paswan, Son of Vinod Paswan, Resident of Village- Manaura, P.S.- Obra, District- Aurangabad (Bihar) 14.
Kedar Paswan, Don of Kunkun Paswan, Resident of Village- Manaura, P.S.- Obra, District- Aurangabad (Bihar) 15.
Sonu Paswan, Son of Kedar Paswan, Resident of Village- Manaura, P.S.- Obra, District- Aurangabad (Bihar) 16.
Ramesh Paswan, Son of Jaypal Ram, Resident of Village- Manaura, P.S.- Obra, District- Aurangabad (Bihar) 17.
Awadesh Paswan, Son of Kunkun Ram, Resident of Village- Manaura, P.S.- Obra, District- Aurangabad (Bihar) 18.
Vishwarkarma Paswan, Son of Satyendra Paswan, Resident of VillageManaura, P.S.- Obra, District- Aurangabad (Bihar) 19.
Guddu Paswan, Son of Nanhaki Paswan, Resident of Village- Manaura, P.S.- Obra, District- Aurangabad (Bihar) ... ... Petitioner/s
2/4
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Leelawati Kumari For the Opposite Party/s :
Mr. Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2019 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 504 and 506 of the IPC.
The prosecution case, as per the written report of Mahendra Sharma submitted to the Station House Officer, Obra Police Station, is to the effect that on 20.10.2018 at about 05.00 P.M., the son of the informant was playing cricket in the play ground of Ratanpur Middle School, in the meantime, co-accused Mantu Paswan along with his associates came and started abusing and assaulting the son of the informant, in the background of previous enmity. On alarm being raised by the son of the informant, the informant and others went to pacify the issue, then all the accused persons including the petitioners came variously armed and started assaulting the informant and others. It is further alleged that co-accused, Yogendra Paswan assaulted the informant with khanti causing injuries on his left
3/4 eye and on the wrist of the left hand. It is also alleged that coaccused namely, Rajendra Paswan, Ramesh Paswan, Dilip Paswan, Sonu Paswan and Arjun Paswan resorted to fire. Thereafter, with the help of nearby peoples, all the injured persons were taken to the hospital.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the petitioners. It is further submitted that at an earlier point of time, co-accused Chattan Paswan lodged a case being Obra P.S. Case No. 172 of 2018 on 12.08.2018 and co-accused, Yogendra Paswan lodged a case being Obra P.S. Case No. 230 of 2018 on 21.10.2018 against the informant and others. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by the learned APP for the State that the petitioners are named in the FIR.
Considering the omnibus and general nature of accusation, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from
4/4 today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Aurangabad, in connection with Obra P.S. Case No.229 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Deepak/- U T