Amar Paswan @ Amarnath Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36374 of 2024 Arising Out of PS. Case No.-45 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== Amar Paswan @ Amarnath Paswan SON OF YOGENDRA PASWAN R/O VILLAGE- Godiha, P.S.- NOORSARAI, DIST- NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Adv.
For the Opposite Party/s :
Mr. Bharat Lal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 188, 341, 323, 332, 333, 337, 338, 353, 307 and 427 of the Indian Penal Code, Section 3 of Prevention of Damage to Public Property Act and Section 9 of Bihar Control of the Use and Play of Loudspeaker Act, 1955.
3. Allegedly, all the FIR named accused persons including the petitioner are said to have attacked upon the police personnel by pelting bricks and stones due to which some constables sustained injuries.
Patna High Court CR. MISC. No.36374 of 2024(2) dt.26-07-2024 2/3
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. His name has been transpired in the present case merely on suspicion. He has no role in the alleged occurrence. It is further submitted that similarly situated co-accused have been enlarged on bail by this court vide order dated 21.11.2022 passed in Cr. Misc. No. 35695 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, since similarly situated co-accused have been enlarged on bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor
Patna High Court CR. MISC. No.36374 of 2024(2) dt.26-07-2024 3/3 Court in connection with Noorsarai P.S. Case No. 45 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T