Prakash Paswan And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32854 of 2014 Arising Out of PS.Case No. -73 Year- 2014 Thana -BARARI District- KATIHAR ======================================================

1. Prakash Paswan son of Jagdeo Paswan

2. Amit Paswan son of Kanik Lal Paswan

3. Yubraj Paswan son of Late Bundel Paswan

4. Dashrath Paswan son of Late Bundel Paswan

5. Mahesh Yadav son of Late Krishnadyal Yadav

6. Kanik Lal Paswan son of Jagdeo Paswan All resident of village - Sukhasan, P.S. Barari, District - Katihar

7. Umesh Paswan son of Late Rambilash Paswan R/o Mohalla - Vinodpur Katihar, P.S. Town Katihar, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Prasad Sinha For the Opposite Party/s : Mr. Narsing Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Learned counsel for the petitioners seeks permission to withdraw the prayer for bail of petitioner no.1 Prakash Paswan and petitioner no.4 Dashrath paswan. Prayer is allowed. The application as against petitioner no.1 and 4 is dismissed as withdrawn.

Heard both sides.

The petitioners no. 2, 3, 5, 6 and 7 are apprehending their arrest in Barari (Semapur) P.S. Case No. 73 of 2014 registered under sections, 147, 149, 323, 342, 186, 224, 225, 504 and 506 of the Indian Penal Code.

Patna High Court Cr.Misc. No.32854 of 2014 (2) dt.03-02-2015 2/3 The police Amit Kumar, informant named the petitioners along with other accused persons and alleged that he arrested one Kane Lal paswan in connection with Barari P.S. Case No. 66 of 2014 but all the accused persons surrounded the police officials and forced the police officer to flee away from there.

Learned counsel for the petitioner submits that the petitioners are of course named in the first information report but there is no allegation of assault against any of the accused persons. The petitioners even did not touch the body of any of the police officer. The police officials only apprehend danger at the hands of the petitioner and did not arrest Kanik Lal Paswan. Having considered the facts and nature of allegation made against the petitioners, the above named petitioners No. 2, 3, 5, 6, and 7 in the event of their arrest ort surrender before the leaned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand ) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate Katihar in connection with Barari (Semapur) P.S. Case no. 73 of 2014, subject to the conditions as laid down under section 438(2)

Patna High Court Cr.Misc. No.32854 of 2014 (2) dt.03-02-2015 3/3 Cr.P.C.

(Prabhat Kumar Jha, J) M.Rahman/- U T