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Patna High CourtCR. MISC./23637/2016bail granted

Mosafir Paswan @ Musafir Paswan And ORS v. The State Of Bihar

2016-05-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23637 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Mosafir Paswan @ Musafir Paswan son of Late Aklu Paswan

2. Chandan Paswan son of Sahed Lal Paswan

3. Amar Jeet Paswan son of Lakhen Deo Paswan

4. Hira Devi @ Siya Devi wife of Lakhen Deo Paswan

5. Rekha Devi wife of Bijendra Paswan All are resident of Village-Badopur, P.S.-Raffiganj, DistrictAugangabad .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307 of the Indian Penal Code. The prosecution case is that on 15.02.2016 at 6:30 P.M in course of immersion of idol of Goddess Saraswati the obscene songs were played which was protested, as a result the scuffle took place when the accused persons assaulted many persons.

It is submitted by learned counsel for the petitioners that there is counter version of the occurrence and none received any serious injury. Moreover the accusation is against the mob.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.23637 of 2016 (2) dt.26-05-2016 2/2 Considering the fact that accusation is against the mob, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 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 Chief Judicial Magistrate, Aurangabad in connection with Raffiganj P.S. Case No. 30 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T