Munna Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69631 of 2018 Arising Out of PS. Case No.-147 Year-2017 Thana- DESARI District- Vaishali ======================================================
1. Munna Paswan, Son of Jagarnath Paswan.
2. Bharat Paswan, Son of Shivji Paswan.
3. Sidhant Paswan, Son of Shivji Paswan. All Resident of VillageKhoksa Kalyan, P.S.-Desari, District-Vaishali.
4. Raj Kumar Patel, Son of Late Daroga Patel.
5. Ajay Kumar Patel @ Vijay Kumar Patel, Son of Late Daroga Patel. Both Resident of Village-Harpur Hardas, P.S.-Rajapakar, District-Vaishali.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Manish Chandra Gandhi, Advocate.
For the Opposite Party :
Smt. Reena Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 307, 327, 333, 427, 353, 504 and 506 of the IPC.
The prosecution story, in brief, is that thirty eight persons named in the F.I.R. and 100 other persons were protesting against the death of a minor child in a road accident. Allegedly, the accused persons blocked the road, pelted stones on the police party causing injuries to the police personnel.
Patna High Court Cr.Misc. No.69631 of 2018(3) dt.18-12-2018 2/3 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The alleged occurrence is said to have taken place in a protest in respect of death of a minor child in a road accident. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Other co-accused persons have been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 46085 of 2017 order dated 22.12.2017 vide Annexure-2 to the present application.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- II, Vaishali at Hajipur, in connection with Desari P.S. Case No. 147 of 2017, subject to the conditions as laid down under
Patna High Court Cr.Misc. No.69631 of 2018(3) dt.18-12-2018 3/3 Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T