Shashi Bhushan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16522 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- TARARI District- Bhojpur ====================================================== Shashi Bhushan Paswan, Son of Karmu Paswan @ Karmu Ram, Resident of Village- Sedahan, P.S.- Tarari, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Tarari P.S. Case No. 45 of 2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 and 353 of the Indian Penal Code and Section 27 of the Arms Act.
3. The police, on receipt of an information that both the groom's and bride's side entered into a free fight, reached at the place of occurrence and they saw 20-30 persons were standing on the road armed with lathi and danda. When the police tried to pacify the parties, they started pelting stones over the police due to which two constables sustained injuries. In order to maintain law and order, the police resorted firing and thereafter all of them fled away. The accused persons were
Patna High Court CR. MISC. No.16522 of 2025(3) dt.13-05-2025 2/3 identified on the basis of photographs and video.
4. Learned counsel for the petitioner submitted that, in fact, the petitioner had also gone to participate in the marriage but, in the meantime, some of the persons entered into a free fight and only because of the fact that the petitioner was present there, his name has been implicated in this case. For the same occurrence, one another FIR has also been instituted at the hands of Bablu Singh, bearing Tarari P.S. Case No.46/2024 and further SC/ST P.S. Case No.17/2024 has also been lodged by one Mahendra Paswan. It is further contended that even as per the FIR, there is no allegation of any overt act against the petitioner, barring his presence. Besides the afore-noted two cases, the petitioner has absolutely clean antecedent.
5. Learned counsel for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and the genesis of the occurrence, coupled with the fact that prior to the institution of the present case, the petitioner had absolutely clean antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from
Patna High Court CR. MISC. No.16522 of 2025(3) dt.13-05-2025 3/3 today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class Ara, Bhojpur in connection with Tarari P.S. Case No. 45 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further following condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) rohit/- U T