Bhushan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22425 of 2022 Arising Out of PS. Case No.-277 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
Bhushan Paswan, S/O Prabhu Paswan R/O Village- Ratauli, Binodpur, P.S.- Muffasil (Singhaul O.P.), District- Begusarai 2.
Jarman Paswan, S/O Sahdeo Paswan R/O Village- Ratauli, Binodpur, P.S.- Muffasil (Singhaul O.P.), District- Begusarai 3.
Binod Mahto, S/O Feku Mahto R/O Village- Ratauli, Binodpur, P.S.- Muffasil (Singhaul O.P.), District- Begusarai 4.
Kanhaiya Paswan, S/O Arjun Paswan R/O Village- Ratauli, Binodpur, P.S.- Muffasil (Singhaul O.P.), District- Begusarai ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Raj Mr. Bipin Kumar For the Opposite Party/s :
Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 379, 323, 307, 386, 387, 427, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that accused persons including the petitioners were armed with deadly weapon like lathi, danda and
Patna High Court CR. MISC. No.22425 of 2022(2) dt.07-11-2022 2/3 intercepted three vehicles and assaulted the driver of the vehicle namely, Md. Mazhar and demand extortion of Rs.1,00,000/- per month for allowing the vehicles to pass. It is next alleged that Md. Mazhar received injuries, in the meantime, some accused persons snatched Rs.25,000/- from the driver. Apart from this, even firing was made by Rahul Kumar.
The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that petitioners are alleged to have surrounded the informant and others, but no overt act has been alleged. It is next submitted that even allegation of firing is ornamental as no injury was caused to anyone. It is further submitted that the allegations are general and omnibus in nature and the petitioners will not abscond and will cooperate in the investigation and trial. Learned A.P.P. opposes the bail application.
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, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 20,000/-
Patna High Court CR. MISC. No.22425 of 2022(2) dt.07-11-2022 3/3 (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 in connection with Begusarai Muffasil P. S. Case No.277 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
However, in the event, if the Investigation Officer of the case files an application before the learned trial Court bringing to its notice that the petitioners are not cooperating in the investigation, the learned trial Court shall forthwith cancel their bail bonds after giving them an opportunity of hearing and recording reasons.
(Satyavrat Verma, J) vikash/- U T