Sukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40704 of 2022 Arising Out of PS. Case No.-139 Year-2022 Thana- DESARI District- Vaishali ====================================================== 1.

SUKESH PASWAN Son of Damodar Paswan Resident of Village - Taiyabpur, Kharzama, P.S.- Desri, Distt.- Vaishali. 2.

Vikash Paswan @ Vikesh Kumar Paswan Son of Damodar paswan Resident of Village - Taiyabpur, Kharzama, P.S.- Desri, Distt.- Vaishali. 3.

Bhui Lotan Paswan Son of Satrudhan Paswan Resident of Village - Taiyabpur, Kharzama, P.S.- Desri, Distt.- Vaishali. 4.

Chinta Devi W/o Damodar Paswan Resident of Village - Taiyabpur, Kharzama, P.S.- Desri, Distt.- Vaishali.

5.

Rajmuni Kumari W/o Vikash Paswan Resident of Village - Taiyabpur, Kharzama, P.S.- Desri, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the bail petition of petitioner no.3. Permission is accorded.

Accordingly, the bail petition of petitioner no.3 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 1, 2, 4 and 5 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 342, 323, 332, 353 and 427 of the Indian Penal Code and Section 45

Patna High Court CR. MISC. No.40704 of 2022(2) dt.17-10-2022 2/2 of the Bihar Prohibition and Excise Act, 2018. It is a case of creating the hindrance in discharging the official duties of the informant and others.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, namely, Sukesh Paswan, Vikash Paswan @ Vikesh Kumar Paswan, Chinta Devi and Rajmuni Kumari, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Special Judge Excise, Hajipur (Vaishali) in connection with Desri P.S. Case No. 139 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U