Devendra Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61567 of 2017 Arising Out of PS. Case No.-732 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ======================================================

1. Devendra Paswan,

2. Sita Ram Paswan Both S/o Late Subhag Paswan,

3. Santosh Paswan,

4. Sunil Paswan Both S/o Sita Ram Paswan,

5. Sandeep Paswan @ Sandip Paswan S/o Umesh Paswan,

6. Satyendra Paswan,

7. Upendra Paswan Both S/o Jagat Paswan, All R/v Misripur, P.S.- Sasaram (M), District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Nandan Sahay, Adv For the State :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337,338, 448, 427, 307, 379, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act. Prosecution case is that 34 accused persons including the petitioners came variously armed with rifle, gun country made pistol, lathi etc. and attacked the house of the informant. It is alleged that accused persons resorted to fire and robbed articles including Rs.20000/- in cash.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.61567 of 2017(2) dt.20-12-2017 2/3 that the accusation is omnibus and general. In fact, there was a dispute with regard to removal of encroachment and since the petitioners' side filed the application for such removal, hence, they have been roped in as an accused in the present case. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Moreover, considering the omnibus and general nature of accusation co-accused Govind Paswan, Madan Paswan and Vikash Paswan have been granted anticipatory bail by a coordinate Bench of this Court vide Criminal Miscellaneous No. 51815 of 2017.

Learned APP for the State submits that the accusation is also levelled against these petitioners.

Considering the accusation being omnibus and general in nature and co-accused have been granted privilege of anticipatory bail coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.61567 of 2017(2) dt.20-12-2017 3/3 learned CJM, Sasaram at Rohtas in connection with Sasaram (M) P.S. Case No.732 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T