Prem Sagar Paswan @ Prem Sagar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48677 of 2023 Arising Out of PS. Case No.-214 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Prem Sagar Paswan @ Prem Sagar, Son of Manoj Paswan, Resident of Village- Dullachak @ Chakdulla, Ps- Nalanda, Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Onkar Nath, Advocate For the Opposite Party/s :
Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2023 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Laheri P.S. Case No.214/2023 (G.R. No.1764/2023) registered on 31.03.2023 for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 337, 338, 332, 333, 353, 504, 506, 153A, 295, 379, 380, 435, 436, 427, 109, 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution, the FIR has been lodged against 79 named and 500 unknown accused persons alleging therein that they all tried to disturb the communal harmony during the Ramnavmi procession by raising provocative slogans, pelting stones, firing against each other, and damaging the public property. The accused persons are also alleged to
Patna High Court CR. MISC. No.48677 of 2023(2) dt.11-08-2023 2/3 have created hindrances in discharging the official duties of the police.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence and the accusation is omnibus and general. The petitioner has been implicated in this case only the reason that the petitioner was running a business food cart at the place of occurrence. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. In the facts and circumstances, let the above-named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of 30000/- (thirty ₹ thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda at Biharsharif in connection with Laheri P.S. Case No.214/2023 (G.R. No.1764/2023), subject to the condition that the petitioner will furnish an undertaking at the time of furnishing bail bonds to the effect that he will not indulge in such type of activities in future and the event, he was found involved in such type of activities,
Patna High Court CR. MISC. No.48677 of 2023(2) dt.11-08-2023 3/3 his bail bond shall be cancelled by the learned trial Court as well as the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J) Ashwini/- U T