Birchandra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32756 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== BIRCHANDRA PASWAN S/o Prem Chandra Paswan Resident of VillageAsma, P.S.-Patepur, District-Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 427, 307, 153, 188, 333, 332, 353, 504 of the Indian Penal Code. Prosecution case in short is that the petitioner along with 20 other co-accused persons as named in the FIR and 10-20 unknown persons armed with lathi, danda, axe etc. surrounded the informant and started inflicting lathi, danda and accused Suraj Paswan damaged the glass of the Govt. Bolero vehicle and they also tried to snatch the arms from the police personnel.

Patna High Court CR. MISC. No.32756 of 2020(2) dt.09-02-2021 2/2 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. Altogether 20 persons are named in the FIR. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Vaishali at Hajipur in connection with Patepur P.S. Case No. 56 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

A.K.V.//- (Sudhir Singh, J) U T