Birendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7603 of 2021 Arising Out of PS. Case No.-786 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

BIRENDRA PASWAN Son of Rajalal Paswan Resident of Village - Patiyasa, P.S. - Ahiyapur, District - Muzaffarpur. 2.

PANKAJ PASWAN Son of Lakhindra Paswan Resident of Village - Patiyasa, P.S. - Ahiyapur, District - Muzaffarpur. 3.

UMESH SAH Son of Late Bujhawan Sah Resident of Village - Patiyasa, P.S. - Ahiyapur, District - Muzaffarpur.

4.

ANKAJ KUMAR Son of Lakhindra Paswan Resident of Village - Patiyasa, P.S. - Ahiyapur, District - Muzaffarpur.

5.

MUNNI DEVI Wife of Lakhindra Paswan Resident of Village - Patiyasa, P.S. - Ahiyapur, District - Muzaffarpur.

6.

SATRUGHAN PASWAN Son of Bhutta Paswan Resident of Village - Patiyasa, P.S. - Ahiyapur, District - Muzaffarpur. 7.

KABUTRI DEVI Daughter of Late Rajendra Sah Resident of Village - Patiyasa, P.S. - Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in Ahiyapur P.S. Case No. 786 of 2020 registered under Sections 147, 148,

Patna High Court CR. MISC. No.7603 of 2021(2) dt.07-09-2021 2/3 149, 341, 323, 307, 332, 333, 353, 188, 504 of the Indian Penal Code.

Allegation against the petitioners is of abusing in filthy languages and pelting stones on the police party. Slogans were also raised against police administration.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Thirty three known and 150-200 unknown persons are named in the FIR. Petitioner Nos. 5 & 7 are ladies. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 786 of 2020 subject to the conditions as laid down under

Patna High Court CR. MISC. No.7603 of 2021(2) dt.07-09-2021 3/3 Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T