Jagroop Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25701 of 2024 Arising Out of PS. Case No.-92 Year-2023 Thana- BAUNSI District- Araria ====================================================== 1.

JAGROOP PASWAN S/O- LATE KHERKU PASWAN R/O- VILLAGEMAHSAILI, P.S.- BOUSI, DIST.- ARARIA. 2.

MITHU KUMAR PASWAN @ MITHU KUMAR S/O- JAGROOP PASWAN R/O- VILLAGE- MAHSAILI, P.S.- BOUSI, DIST.- ARARIA. 3.

BABUL KUMAR PASWAN @ BABUL KUMAR S/O- JAGROOP PASWAN R/O- VILLAGE- MAHSAILI, P.S.- BOUSI, DIST.- ARARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Naushaduzzoha, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024

1. Heard learned counsel for the petitioners and Mr. Rabindra Kumar learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 353, 332, 333, 307, 342, 506 and 504 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation as alleged against the petitioners except that they were also member of an unlawful assembly. It is next submitted that the informant in order to coerce

Patna High Court CR. MISC. No.25701 of 2024(2) dt.02-04-2024 2/2 Rahul Kumar Paswan into submission implicated the entire family members including the petitioners who are distantly related to Rahul Kumar Paswan being his Gotia. It is also submitted that similarly situated co-accused Om Prakash @ Om Prakash Paswan had moved this Court seeking anticipatory bail by filing Cr. Misc. No. 5163 of 2024 and the same was allowed by an order dated 26.02.2024. It is thus submitted that the case of the petitioners is akin to the case of Om Prakash @ Om Prakash Paswan.

4. Mr. Rabindra Kumar, learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each 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 Bausi P.S. Case No. 92 of 2023, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T