Rudal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43675 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.
Rudal Paswan Son of Jang Bahadur paswan Resident of village- Gannichak, P.S.- Asthama, District- Nalanda.
2.
Aryan Raj @ Sikki Son of Rudal Paswan Resident of Village - Gannichak, P.S.- Asthama, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Raj, Advocate For the Opposite Party/s :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-08-2022 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Asthawa P.S. Case No. 183 of 2022 registered for the offence under Sections 147, 148, 149, 341, 342, 323, 504, 353 and 225 of the Indian Penal Code.
The accused/petitioners are named in the F.I.R. and are in custody since 26.06.2022.
The allegation against the petitioners is to give shelter to accused persons of Asthawan P.S. Case No. 69 of 2020, in
Patna High Court CR. MISC. No.43675 of 2022(2) dt.29-08-2022 2/3 their house, when police arrested the accused persons, both the petitioners, alongwith other family members, rescued them from lawful detention/custody of police.
Learned counsel appearing on behalf of the petitioners submitted that petitioner no.1 is the husband and petitioner no.2 is the son of the mukhiya of panchayat and for local political rivalry, both petitioners have been falsely implicated in the present case. It is submitted that the allegation against the petitioners are very much general and omnibus and, moreover, the accused persons of Ahiyapur P.S. Case No. 69 of 2020 have already been granted anticipatory bail by one of the learned Coordinate Bench of this Court. Learned counsel further submitted that, as per F.I.R., petitioners permitted police to search their house. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer of bail, submitted that allegation against both of the petitioners are very much general and omnibus. In view of the facts and circumstances, as mentioned above and considering the nature of allegation,
Patna High Court CR. MISC. No.43675 of 2022(2) dt.29-08-2022 3/3 which is very much general and omnibus coupled with the fact that chargesheet has already been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Asthawa P.S. Case No. 183 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Biharsharif/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T