Vishwanath Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29640 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================
1. Vishwanath Paswan, S/o Late Gonaur Paswan
2. Birendra Paswan, Son of Baidyanath Paswan
3. Ratnesh Paswan, Son of Nand Kishore Paswan
4. Ram Babu Ram, S/o Bhuneshwar Ram
5. Mukesh Paswan, S/o Vishwanath Paswan
6. Brij Kishore Paswan, S/o Jageshwar Paswan
7. Ajay Paswan, S/o Narayan Paswan
8. Kishore Paswan, S/o Jageshwar Paswan
9. Baijnath Paswan, S/o Ram Briksha Paswan
10. Sunil Paswan, S/o Nand Kishore Paswan
11. Shyam Babu Paswan, S/o Brahmdeo Paswan All R/o village - Karchauliya, P.S. Siwaipatti, Distt. - Muzaffarpur
12. Nageshwar Paswan, Son of Rupan Paswan, resident of vill. - Hasanpur, P.S. Rajepur, Distt. - East Champaran .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. (Dr.) Alok Kumar Alok, Mr. Man Mohan Kumar, Advocates For the State : Mr. Sri Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 30-08-2016 I have heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in a case registered
Patna High Court Cr.Misc. No.29640 of 2016 (2) dt.30-08-2016 2 / 3 for offences punishable under Sections 147, 148, 149, 341, 342, 323, 307, 379, 332, 353, 186, 152, 427, 504 and 506 of the Indian Penal Code.
It is contended on behalf of the petitioners that F.I.R. was lodged against 75 named and about 150 unknown persons with general and omnibus allegation of raising slogan and making protest against the death of a boy in an accident and they refused to allow the police party to remove the dead body and also refused to hand over the driver which was eventually done after deposit of Rs.1,50,000/-. It is contended that there is no specific allegation against the petitioners as people of the locality got outraged by the negligent driving of the vehicle causing death of boy, therefore, they had obstructed the traffic etc. in protest.
Having regard to the facts and circumstances of the case, let the petitioners, namely, Vishwanath Paswan, Birendra Paswan, Ratnesh Paswan, Ram Babu Ram, Mukesh Paswan, Brij Kishore Paswan, Ajay Paswan, Kishore Paswan, Baijnath Paswan, Sunil Paswan, Shyam Babu Paswan and Nageshwar Paswan be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Siwaipatti P.S. Case No. 37 of 2016, on furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.29640 of 2016 (2) dt.30-08-2016 3 / 3 like amount each to the satisfaction of ACJM-cum-SDJM-9, Muzaffarpur subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Sanjay-II/- U T