Kamesh Paswan @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29429 of 2020 Arising Out of PS. Case No.-55 Year-2012 Thana- SURSAND District- Sitamarhi ====================================================== KAMESH PASWAN @ KAMLESH KUMAR Son of Nagendra Paswan @ Yogendra Paswan Resident of Village- Kumma, P.S.- Sursand, DistrictSitamarhi (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhusudan Rai, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2021 Heard Mr. Madhusudan Rai, learned counsel for the petitioner and Mr. Tapeshwar Sharma, Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Sursand PS Case No. 55/2012 registered for the offence punishable under Sections 147, 148, 149, 342, 283, 427, 353 of the Indian Penal Code.

3. The allegation, as per First Information Report, is that petitioner along with other accused persons blocked the National Highway No. 104 in order to show their protest due to death of a person in an accident causing inconvenience to general public.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.29429 of 2020(2) dt.05-01-2021 2/3 and altogether 20 persons have been named in the FIR along with 50-60 unknown persons and allegation against the petitioner is general and omnibus in nature. Learned counsel further submits that similarly situated co-accused persons have been granted anticipatory bail by one of the Co-ordinate Benches of this Court vide Cr. Misc. No. 67911/2019.

5. Learned counsel next submits that the petitioner was given benefit of Section 41(A) of the CrPC. Learned counsel also submits that now charge-sheet has already been submitted in this case.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused persons have been granted anticipatory bail by a Bench of this Court and the allegation against the petitioner is general and omnibus in nature, I am inclined to grant anticipatory bail to the petitioner.

7. Accordingly, petitioner, KAMESH PASWAN @ KAMLESH KUMAR shall be released on anticipatory bail, in the event of arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Pupri Sitamarhi in connection with Sursand

Patna High Court CR. MISC. No.29429 of 2020(2) dt.05-01-2021 3/3 PS Case No. 55/2012, subject to the conditions as laid down under Section 438(2) CrPC.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T