Sarju Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46478 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -NARARI KALA KHURD DistrictAURANGABAD ======================================================

1. Sarju Paswan, S/o Late Mahangu Paswan

2. Raja Ram Paswan, S/o Sarju Paswan Both R/o Vill. Raghunathpur, P.S. Narari Kala Khurd, District- Auranghabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Adv. For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-11-2016 Heard both sides.

The petitioners apprehend their arrest in Narari Kala Khurd P.S. Case No. 16/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code and Section 27, 25(1-b)a/26 and 35 of the Arms Act and Section 3 of Damage of Public Property Act. The S.H.O. of Khaira P.S. is the informant of the case. It is alleged that there was some dispute between the management and the labours of N.P.G.C./N.T.P.C., Navinagar and tension was prevailing. The mob took the law in their hands started pelting stones on the vehicle of the police. The police also resorted to the firing.

It is submitted that altogether 29 persons are named in

Patna High Court Cr.Misc. No.46478 of 2016 (2) dt.30-11-2016 2/2 the F.I.R. along with 200-250 unknown persons who are said to have participated in the occurrence, but no specific allegation is made against the petitioners. Some of the accused persons who were arrested on the spot have already been granted regular bail. Four persons namely, Nageshwar paswan and others were granted anticipatory bail vide order dated 23.09.2016 passed in Cr. Misc. 40816/2016. The case of the petitioners stands on the same footing.

Considering the facts aforesaid and the fact that the petitioners are of course, member of the rioting mob and similarly situated co-accused have been granted anticipatory bail by a coordinate bench of this court, they are in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of I/c Chief Judicial Magistrate, Aurangabad in connection with Narari Kala Khurd P.S. Case No. 16/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T