Parasuram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24160 of 2020 Arising Out of PS. Case No.-34 Year-2017 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

PARASURAM PASWAN Son of Late Chandar Paswan @ Ramchandra Paswan Resident of Village - Ayodhpur, Rewa, P.S. - Saraiya, District - Muzaffarpur.

2.

Raj Balam Paswan Son of Parasuram Paswan Resident of Village - Ayodhpur, Rewa, P.S. - Saraiya, District - Muzaffarpur. ... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioners and learned A.P.P. for the State.

Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioners undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case

Patna High Court CR. MISC. No.24160 of 2020(2) dt.09-10-2020 2/3 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 283, 427, 332, 431, 353 & 504 of the Indian Penal Code.

Allegation against the petitioners is that on the instigation of petitioner no.1 several F.I.R. named accused persons along with others formed an unruly mob and blocked the road on the death of a bicycle rider by Hiwa vehicle. They also damaged the vehicle passing therefrom and created hindrance in the official duty of the informant. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Similarly situated co-accused, namely, Chandeswar Paswan and Rajgir Paswan and another have been enlarged on bail by different co-ordinate bench of this court vide order dated 28.02.2020 & 03.03.2020 passed in Cr. Misc. Nos. 7847 of 2020 & 10037 of 2020 respectively. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.24160 of 2020(2) dt.09-10-2020 3/3 within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, West Muzaffarpur in connection with Saraiya P.S. Case No.34 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T