Baidhnath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43706 of 2024 Arising Out of PS. Case No.-799 Year-2023 Thana- MAHUA District- Vaishali ====================================================== 1.

Baidhnath Paswan S/o Rama Paswan 2.

Virendra Paswan S/o Rajkumar Paswan 3.

Ravindra Paswan S/o Rajkumar Paswan 4.

Parma Paswan S/o Kheyali Paswan 5.

Raja Paswan @ Raja Kumar S/o Anirka Paswan All R/o Village Mahua Mukundpur, P.S. Mahua, District-Vaishali (Hajipur) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-07-2024 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Mahua P.S.Case no.799 of 2023, registered for the offences punishable under Sections 147, 323, 353, 327, 504 and 506/34 of the Indian Penal Code .

3. As per the allegation made in the FIR, the petitioners along with a dozen unknown persons attacked the Police Force while they were discharging their official duty in connection with Execution Case No.4 of 2006.

4. Learned counsel appearing on behalf of the petitioners submitted that no specific allegation of assault has been alleged against the petitioners and the allegation is general

Patna High Court CR. MISC. No.43706 of 2024(2) dt.24-07-2024 2/2 and omnibus in nature.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR and there is general and omnibus allegation against them, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali (at Hajipur)/concerned court in connection with Mahua P.S.Case no.799 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U