Vishal Kumar @ Vishal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28732 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- TARARI District- Bhojpur ====================================================== 1.
Vishal Kumar @ Vishal Paswan S/o Rajesh Paswan R/o Vill.- Sedahan, P.S.- Tarari, Distt.- Bhojpur 2.
Amarjeet Kumar @ Amarjeet Paswan S/o Shyamlal Paswan R/o Vill.- Sedahan, P.S.- Tarari, Distt.- Bhojpur 3.
Rakesh Kumar @ Rakesh Paswan S/o Harendra Paswan R/o Vill.- Sedahan, P.S.- Tarari, Distt.- Bhojpur 4.
Dablu Ram @ Kuldip Kumar @ Bablu Kumar S/o Santosh Paswan @ Dintelu Paswan R/o Vill.- Sedahan, P.S.- Tarari, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar, Advocate For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard Mr. Uday Kumar, learned counsel for the petitioner and the State.
2. The petitioners are apprehending arrest in connection with Tarari P.S. Case No. 45 of 2024 instituted under Sections 147, 148, 149, 341, 323, 307, 353 of the Indian Penal Code and section 27 of the Arms Act lodged on 05.03.2024 by the informant, Awadhesh Singh.
3. As per the prosecution story, the Police alleged that on information about some assault between the groom/baraat party, the Police went there, the allegation is that they were also attacked them. This let to the FIR.
4. Learned counsel for the petitioners submit that they were attending the baraat party, had no role to play in the
Patna High Court CR. MISC. No.28732 of 2025(2) dt.19-05-2025 2/3 matter, the criminal antecedent shows that for the same occurrence, two FIRs have been lodged. One of the similar situate, Shashi Bhushan Paswan has been granted relief in Cr. Misc. No. 16522 of 2025.
5. Learned APP opposes the prayer submitting that they have criminal antecedent.
6. Considering the submissions of the parties as also the fact omnibus allegation is against these petitioners, similar situate has been granted relief, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Tarari P.S. Case No. 45 of 2024 to the satisfaction of learned Judicial Magistrate-1st Class, Bhojpur at Ara subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.28732 of 2025(2) dt.19-05-2025 3/3 (ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iii) the petitioners shall co-operate in the investigation and make himself available to the police as and when required;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T