Sri Lal Babu Paswan @ Lal Babu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56778 of 2018 Arising Out of PS. Case No.-120 Year-2018 Thana- MAJORGANJ District- Sitamarhi ====================================================== Sri Lal Babu Paswan @ Lal Babu Paswan S/o Sahindra Paswan, R/o Vill.- Nandani workshop, P.S.- Mejorganj, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 353, 188, 427, 307, 283, 285, 379, 504, 506 of the Indian Penal Code. The prosecution case, in short, is that 17 named accused persons including the petitioner and other several unnamed persons entered into the Block campus and damaged the public property about Rs. Ten lacs.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Altogether 17 persons have been made accused in this case. General and omnibus allegation has been made against the

Patna High Court Cr.Misc. No.56778 of 2018(2) dt.08-10-2018 2/2 petitioner. No specific overt act has been alleged against the petitioner nor any specific injury has been attributed against the petitioner. The petitioner has been made accused due to mistake of fact. Fourteen accused persons have been granted anticipatory bail vide Annexure 2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Mejorganj P.S. case No.120 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T