Abhishek Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.35169 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35169 of 2017 Arising Out of PS.Case No. -109 Year- 2016 Thana -SHAKURABAD District- JEHANABAD ======================================================

1. Abhishek Kumar Son of Raman Paswan,

2. Purusotam Paswan,

3. Suraj Paswan, Both Sons of Mahendra Paswan,

4. Bhagwat Paswan @ Bhagat Paswan, Son of Ramji Paswan, All R/o Village- Chiksaura, P.S.- Shkurabad, District- Jehanabad. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Satyendra Prasad, Advocate For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Shkurabad P.S. Case No. 109 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code.

Allegedly, petitioners and other co-accused started assaulting the informant and his brothers after being instigated by co-accused Sunil Tiger, resulting, Awadhesh Kumar, Ashok Kumar and Sunil Kumar became injured and Sunil Tiger after pointing out gun caused threats also and further snatched gold chain and cash of Rs. 35,000/- .

Submission is of false implication and that the occurrence

Patna High Court Cr.Misc. No.35169 of 2017 (2) dt.10-08-2017 has taken place due to removal of idol of Lord Shiva and Dhwja, there is no specific allegation against the petitioners, the allegations are omnibus and general in nature, other co-accused Sunil Tiger, Mahendra Paswan and Niranjan Paswan have been allowed pre-arrest bail vide order dated 26.04.2017 passed in Cr. Misc. No. 13593 of 2017 and as such, the petitioners deserve sympathetic consideration.

Learned A.P.P. fairly submits that other co-accused have been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Shakurabad P.S. Case No. 109 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T