Baleshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25575 of 2022 Arising Out of PS. Case No.-62 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== BALESHWAR PASWAN S/o Jhagru Paswan Resident of Village- Lodipur Lakhraj, P.S.- Mahnar, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Subodh Prasad For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Mahnar P.S. Case No.62 of 2021, registered for the offences punishable under Sections 147, 148, 149, 144, 323, 324, 341, 342, 307 and 302 of the Indian Penal Code.

Co-accused, Ram Balak Pandit, Sanjay Pandit, Satish Pandit and about hundred unknown persons are said to have assaulted the husband of the informant and killed him. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the petitioner is not named in the FIR. On the basis of confessional statement of co-accused, Satish Pandit, the petitioner is made accused in this case. It is submitted that the allegation

Patna High Court CR. MISC. No.25575 of 2022(2) dt.31-08-2022 2/2 against the petitioner is general and omnibus. It is submitted that the allegation against the petitioner and other apprehended person is of stealing the DJ of Satish Pandit and on hulla several persons assembled there and assaulted the thieves due to which the husband of the informant died. It is also submitted that there is no eye witness of the occurrence and only on suspicion the peititoner is made accused in the present case.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact that there is general and omnibus allegation against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Mahnar P.S. Case No.62 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T