Krishna Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51306 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== KRISHNA PASWAN Son of Shankar Paswan Resident of Village - Baltharwa, P.S. - Pipra Kothi, Distt. - East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner, in the present case, is seeking prearrest bail in connection with Piprakothi P.S. Case No. 70 of 2023 registered for the offences punishable under Sections 147, 149, 341, 323, 353, 427, 504, 506 of the Indian Penal Code and Section 3/4 of Damage to Public Property Act, 1984. He has no criminal antecedent as stated in paragraph '3' of the application.
3. As per the prosecution story, the informant has alleged that during the checking of vehicle, he got information that one car and E-Rickshaw got jolted in which driver of the ERickshaw and two passengers have been seriously injured. He reached there and sent the injured to the hospital for treatment, but suddenly 50-60 antisocial elements gathered there and stopped the road and damaged the the vehicles.
Patna High Court CR. MISC. No.51306 of 2023(2) dt.23-08-2023 2/3
4. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner and no specific allegation has been made out against the petitioner.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the nature of allegation being general and omnibus, no allegation of commission of overt act against the petitioner and that he has no criminal antecedent, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Piprakothi P.S. Case No. 70 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.51306 of 2023(2) dt.23-08-2023 3/3 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajeev Ranjan Prasad, J) Rajeev/- U T