Sanjay Paswan @ Kari Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.34966 of 2016 (2) dt.07-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34966 of 2016 Arising Out of PS.Case No. -134 Year- 2015 Thana -MAHISI District- SAHARSA ====================================================== Sanjay Paswan @ Kari Paswan S/o Balram Paswan R/o vill. Pastwar Ps Mahesi, Distt.- Saharsa .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Neeraj Kumar, Advocate. For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Mahesi P.S. Case No. 134 of 2015 for the offences alleged under Sections 324, 307 and 379 of the Indian Penal Code. The prosecution case is that the informant along with few co villagers were sitting on protest against the adjacent villagers of Pastwar village who assaulted Rajeev Kumar Sah, a co-villager of the informant. In the meantime, 200-250 persons including the FIR named accused persons along with petitioners came to the informant and robbed articles from the local shops. It has been submitted by the learned counsel for the petitioner that accusation against him is general and omnibus as there was mob of 200-250 people along with FIR named accused
Patna High Court Cr.Misc. No.34966 of 2016 (2) dt.07-09-2016 including the petitioner. It has further been submitted that some of the accused persons have been granted privilege of anticipatory bail in Cr. Misc. No. 16 of 2016 on 5.1.2016 on similar allegation. Considering that the allegations are general and omnibus and there was a mob attack, let the petitioner, above named in the event of his arrest / surrender before the learned court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Mahesi P.S. Case No. 134 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Nilu Agrawal, J) Prakash/- U T