Patna High CourtCR. MISC./9837/2017allowed

Saheb Paswan v. The State Of Bihar

2017-03-10Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.9837 of 2017 (2) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9837 of 2017 Arising Out of PS.Case No. -88 Year- 2016 Thana -PIPRAHI District- SHEOHAR ======================================================

1. Saheb Paswan son of Raju Paswan resident of Village - Decooli Dharampur, P.S. - Piprahi, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Piprahi Police Station Case No. 88 of 2016, disclosing offences under Sections 147, 341, 342, 323, 353 and 504 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, has falsely been implicated in this case. In fact, the petitioner has never participated in the alleged occurrence. Moreover, there is general and omnibus allegation against the petitioner as F.I.R. has been lodged against 23 named accused and 100 unknown persons. No specific case is made out against this petitioner. Altogether 22

Patna High Court Cr.Misc. No.9837 of 2017 (2) dt.10-03-2017 co-accused, who has been named in the F.I.R. having similar allegation, have already been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 5429 of 2017. Hence, the petitioner also deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Piprahi Police Station Case No. 88 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T