Subhash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31254 of 2022 Arising Out of PS. Case No.-343 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

Subhash Paswan Son of Late Kailash Paswan Resident of Village - Chandpur, Police Station - Jagdishpur, District - Bhagalpur. 2.

Ankesh paswan Son of Bhudev Paswan Resident of Village - Chandpur, Police Station - Jagdishpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Jagdishpur P.S. Case no. 343 of 2021 instituted for the offence under Sections 147, 149, 341, 342, 353, 332, 337, 333, 504 of the Indian Penal Code.

It is a case of obstructing the public road and creating hindrance in discharging the duty of police officials. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There is general and omnibus allegation against these petitioners. The petitioners were not apprehended from the spot and only on the basis of mere suspicion, they have been

Patna High Court CR. MISC. No.31254 of 2022(2) dt.22-11-2022 2/2 roped in the present case. These petitioner were not present on the alleged date and time of the place of occurrence. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Similarly situated co-accused has already been granted bail by this court vide order dated 12.10.2022 in Cr. Misc. No. 27556 of 2022.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Jagdishpur P.S. Case no. 343 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T