Umesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25994 of 2015 Arising Out of PS.Case No. -157 Year- 2013 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Umesh Paswan son of Late Tapeshwar Paswan, resident of villageAndhari, Police Station- Sadar, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Dr.Ravindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for anticipatory bail in a case registered for the offences punishable under Sections 147, 341, 342, 323, 333, 337, 353, 186, 379, 427 and 504/34 of the Indian Penal Code.

The prosecution case is that the Officer-incharge of Darbhanga Police Station received an information from one Raju Paswan that the villagers of Andhari confined a boy in village Belahi. On such information the informant went to the place of confinement and from a room a boy namely, Md. Shahnawaj was recovered, who conveyed that he was brutally assaulted by the accused persons when the informant tried to

Patna High Court Cr.Misc. No.25994 of 2015 (02) dt.11-05-2016 2/3 take custody of the boy then the villagers made protest and started assaulting and abusing the informant and tried to snatch the mobile.

Though, earlier the petitioner filed anticipatory bail application along with three others vide Cr. Misc. No. 43719 of 2014 but the same was dismissed as withdrawn on wrong instruction that the petitioner has been arrested.

It is submitted by learned counsel for the petitioner that the accusation is omnibus and general and similarly situated co-accused Ram Gulam Sahni has been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 7110 of 2015.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the fact that earlier anticipatory bail application was withdrawn, this Court is not inclined to interfere, but in view of the fact that the co-accused has been granted anticipatory bail by learned court below, it is a case for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in

Patna High Court Cr.Misc. No.25994 of 2015 (02) dt.11-05-2016 3/3 connection with Sadar (Bhalpatti) P.S. Case No. 157 of 2013 pending in the court of learned Chief Judicial Magistrate, Darbhanga.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T