Shivjee Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53156 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

Shivjee Paswan S/O Ayodhya Paswan Resident of Villagesujawalpur,Paswan Tola,P.S.-Sakra,Distt-Muzaffarpur 2.

Sonu Kumar @ Golden Paswan @ Sonu Paswan S/O Maheshwar Paswan @ Kari Paswan Resident of Village-sujawalpur,Paswan Tola,P.S.-Sakra,DisttMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

Petitioners are apprehending their arrest in connection with Sakra P.S. Case No.173 of 2024, registered for the offence punishable u/s 147, 148, 324, 325, 341, 353, 332, 333/34 of the IPC.

3.

Allegation against the petitioners is that they along with other co-accused assaulted the police party, when they tried to apprehend people engaged in consuming liquor. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have not committed any offence. They have been falsely implicated in this case due to

Patna High Court CR. MISC. No.53156 of 2024(2) dt.28-08-2024 2/2 ulterior motive. There is no specific allegation against the petitioners. At best, petitioners could be said to be members of the mob. Further, petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail by submitting that the entire occurrence of assaulting the police party was video recorded by one constable and on the basis of that petitioners have been made accused in this case. In the assault, two members of the police party became badly injured. 6.

Considering the nature of allegation, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. 7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T