Patna High CourtCR. MISC./71271/2018partly allowed disposal

Sonu Kumar @ Sonu Paswan And ORS v. The State Of Bihar

2018-12-17Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71271 of 2018 Arising Out of PS. Case No.-148 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Sonu Kumar @ Sonu Paswan son of Raj Kumar Paswan.

2. Pappu Paswan son of Bisheshwar Paswan.

Rohit Kumar son of Pappu Paswan.

4. Gautam Kumar @ Gautam Kumar Paswan son of Dilip Paswan.

5. Chandan Kumar @ Chandan Paswan son of Santosh Paswan.

6. Pawan Kumar son of Bisheshwar Paswan.

7. Lakhindra Kumar son of Dasrath Paswan.

8. Suraj Kumar @ Suraj Paswan son of late Bindeshwar Paswan.

9. Birchand Paswan@ Bichindra Paswan son of Jagan Paswan.

10. Ravindra Paswan@ Chathu Paswan son of Jagan Paswan.

11. Arbind Paswan son of Bindeshwar Paswan.

12. Dashrath Paswan son of Munilal Paswan.

13. Santosh Kumar @ Santosh Paswan son of late Madan Paswan. All the resident of village_ Thathan Nazurg, Police Station- Hajipur Sadar, District- Vaishali.

14. Anish Kumar @ Anish Paswan son of Bhikhari Paswan resident of Village Mani Bhakurahar, Police Station Sarai, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Hajipur P.S. Case No. 148 of 2018 for the offence under Sections 147, 149, 341, 447, 448, 323, 354, 427, 435, 379, 504, 506 of the Indian Penal Code.

Patna High Court Cr.Misc. No.71271 of 2018(2) dt.17-12-2018 2/3 Learned counsel appearing on behalf of the petitioners submits that the petitioners have no criminal antecedents. Referring to the prosecution case he submits that except petitioner no.1 Sonu Kumar and petitioner no.9 Birenand Paswan against other petitioners there is no allegation of overt act.

Considering the aforesaid facts the Court is inclined to grant privilege of anticipatory bail, let the petitioners no.2 to 8 and 10 to 14 above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 148 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C. So far as petitioners No. 1 and 9 are concerned, their anticipatory bail application is hereby rejected. However, dismissal of the anticipatory bail application will not cause prejudice to the petitioners no.1 and 9 and in the event, the petitioners no.1 and 9 surrender before the Court below and prays for regular bail, the Court below is hereby directed to dispose of the application for regular bail of the petitioners no.1

Patna High Court Cr.Misc. No.71271 of 2018(2) dt.17-12-2018 3/3 and 9 on the same day in accordance with law without being influenced of the refusal of the application on behalf of petitioners No.1 and 9.

(Anil Kumar Upadhyay, J) T.Kr./Rashid U T