Shubhankar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33303 of 2019 Arising Out of P.S. Case No.-18 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.
SHUBHANKAR PASWAN, Male, aged about 35 years S/o Bateshwar Paswan Resident of Village- Hingwa Gauth, P.S.- Bhargama, DistrictAraria. 2.
Manik Chandra Sah, Male, aged about 30 years, Son of Late Darogi Sah Resident of Village- Hingwa Gauth, P.S.- Bhargama, District- Araria. 3.
Sushil Modi, Male, aged about 28 years, S/o Narayan Modi Resident of Village- Hingwa Gauth, P.S.- Bhargama, District- Araria. 4.
Mukesh Modi, Male, aged about 24 years, S/o Narayan Modi Resident of Village- Hingwa Gauth, P.S.- Bhargama, District- Araria. 5.
Dilip Paswan, Male, aged about 40 years, Son of Late Ramjee Paswan Resident of Village- Hingwa Gauth, P.S.- Bhargama, District- Araria. 6.
Surendra Modi, Male, aged about 50 years, S/o Rajaram Modi Resident of Village- Hingwa Gauth, P.S.- Bhargama, District- Araria. 7.
Ramsevak Modi @ Gholta, Male, aged about 25 years, S/o Dukhan Modi Resident of Village- Hingwa Gauth, P.S.- Bhargama, District- Araria. 8.
Singheshwar Mukhia, Male, aged about 65 years S/o Kishun Mukhia Resident of Village- Hingwa Gauth, P.S.- Bhargama, District- Araria. 9.
Shambhu Mandal, Male, aged about 25 years, Son of Bhumi Mandal Resident of Village- Hingwa Gauth, P.S.- Bhargama, District- Araria. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Gopal Kumar Jha, Advocate For the Opposite Party :
Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending there arrest in a case registered for the offences punishable under Sections 144, 147, 148, 149, 152, 186, 188, 342, 323, 325, 307, 353, 467, 468, 471,
Patna High Court CR. MISC. No.33303 of 2019(2) dt.31-07-2019 2/3 332, 333, 329, 337, 504 and 506 of the Indian Penal Code. The prosecution case is that on secret information the informant along with others went to village-Hingwa and stopped the construction work of temple by the accused persons on Govt. land. It is also alleged that the accused persons assaulted the informant and others.
It is submitted on behalf of the petitioners that the petitioners have falsely been implicated in this case and the FIR is against 63 named and 400-450 unknown persons. The petitioners merely happened to be in the vicinity and the accusations are general and omnibus in nature without any specific accusation attributed to the petitioners. The petitioners claim clean antecedents.
Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria/successor Court in connection with Bhargama P.S.Case No.18 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.33303 of 2019(2) dt.31-07-2019 3/3 Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.
(Prabhat Kumar Singh, J) B.Kr./- U T