Shravan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33914 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.
SHRAVAN PASWAN, Son of Ramphal Paswan 2.
Gopal Paswan @ Gopal Kumar, S/O Sharvan Paswan 3.
Lala Paswan @ Lal Kumar, s/o Sharvan Paswan All Resident of Village- Maghara, P.S.- Deepnagar, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-08-2019 Heard learned counsel for the petitioners and learned APP for State.
The petitioners in this case are seeking anticipatory bail in connection with Deepnagar P.S. Case No.6 of 2019 registered for the offences punishable under Sections 147, 148, 149, 342, 323, 324, 427, 307, 436, 380 and 302 of the Indian Penal Code.
Learned counsel for the petitioners submits that so far as these petitioners are concerned, the allegations against them are that they had been parties to the mob who had attacked on the house of the informant and killed her son by brick and stone etc. Learned counsel submits that in the FIR the specific
Patna High Court CR. MISC. No.33914 of 2019(3) dt.13-08-2019 2/3 allegations are made only against Nagina Paswan, Binod Paswan and Vicky Paswan. No specific allegation of commission of any overt act has been made against these petitioners. It is submitted that one similarly situated accused has been granted privilege of anticipatory bail by a learned coordinate Bench of this Court in Cr.Misc.No.24151 of 2019 and some other matters.
Learned APP for the State has opposed the prayer for anticipatory bail, however, learned APP submits that there is no allegation of commission of overt act against these petitioners. In the given facts and circumstances of the case, since there is no allegation of assault against these petitioners and some of the similarly situated accused have been granted privilege of anticipatory bail by a learned coordinate Bench of this Court, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Bihar Sharif in connection with Deepnagar P.S. Case No.6 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.
Patna High Court CR. MISC. No.33914 of 2019(3) dt.13-08-2019 3/3 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T