Naresh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18240 of 2024 Arising Out of PS. Case No.-92 Year-2023 Thana- BAUNSI District- Araria ====================================================== 1.
Naresh Paswan Son Of Saryug Paswan Resident Of Village- Mahseli Ward No. 4, Ps- Baunsi, Distt- Araria 2.
Vikash Kumar Paswan Son Of Dipak Kumar Paswan Resident Of VillageMahseli Ward No. 4, Ps- Baunsi, Distt- Araria 3.
Deepak Kumar Paswan Son Of Naresh Paswan Resident Of VillageMahseli Ward No. 4, Ps- Baunsi, Distt- Araria 4.
Sipak Kumar Paswan Son Of Naresh Paswan Resident Of Village- Mahseli Ward No. 4, Ps- Baunsi, Distt- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rama Nand Poddar For the Opposite Party/s :
Mr. Ravindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-04-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State Mr. Ravindra Kumar.
2. The petitioners apprehend their arrest in a case registered for the offence 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 petitioner no.1 and 3 have antecedent of two cases and petitioner no.2 has antecedent of one case and petitioner no.4 is a person with clean antecedent. It is further submitted that from
Patna High Court CR. MISC. No.18240 of 2024(2) dt.01-04-2024 2/3 bare perusal of the allegation as alleged in the F.I.R., it would manifest that no specific allegation is alleged against the petitioners except that they were also members of an unlawful assembly. It is further submitted that the informant in order to coerce Rahul Kumar Paswan into submission, implicated the entire family members of Rahul. It is next submitted that petitioners are not even remotely connected or related with Rahul and for some ulterior reason, the informant has implicated the petitioners. It is also submitted that when petitioners are not related to Rahul in that event why they would have participated in the occurrence. The learned counsel for the petitioners at this submits that he has instructions of the petitioners to make submission that they are not related to Rahul in any manner even distantly.
4. Learned A.P.P. Mr. Ravindra Kumar rebuts the submission of the learned counsel for the petitioners and submits that from perusal of the F.I.R., it appears that the petitioners are related to Rahul but since a specific submission has been made by the learned counsel for the petitioners that they are not related to Rahul, as such, in the event, if the anticipatory bail is granted, they should be asked to furnish their genealogical logical table stating therein that they are not related
Patna High Court CR. MISC. No.18240 of 2024(2) dt.01-04-2024 3/3 to Rahul in any manner.
5. In view of 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.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Baunsi P.S. Case No.92/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, it is made clear that the petitioners on the date of surrender shall furnish a genealogical table showing their lineage and an affidavit that they are not related to Rahul Kumar Paswan in any manner even distantly.
(Satyavrat Verma, J) amit/- U T