Mohan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51479 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

MOHAN PASWAN Son of Jageshwar Paswan Resident of Village-Bodh Chak, P.S.-Vajirganj, District-Gaya (Bihar).

2.

Guddu Paswan @ Guddu Kumar Son of Akbali Paswan Resident of VillageBodh Chak, P.S.-Vajirganj, District-Gaya (Bihar). 3.

Akbali Paswan Son of Jageshwar Paswan Resident of Village-Bodh Chak, P.S.-Vajirganj, District-Gaya (Bihar).

4.

Deepak Paswan @ Deepak Kumar Son of Sri Mohan Paswan Resident of Village-Bodh Chak, P.S.-Vajirganj, District-Gaya (Bihar). 5.

Suraj Paswan @ Suraj Kumar Son of Sri Mohan Paswan Resident of Village-Bodh Chak, P.S.-Vajirganj, District-Gaya (Bihar). 6.

Laddu Paswan @ Laddu Kumar Son of Sri Akbali Paswan Resident of Village-Bodh Chak, P.S.-Vajirganj, District-Gaya (Bihar). 7.

Vikash Paswan Son of Sri Balam Paswan Resident of Village-Bodh Chak, P.S.-Vajirganj, District-Gaya (Bihar).

8.

Shashi Paswan @ Shashi Kumar Son of Sri Jatan Paswan Resident of Village-Bodh Chak, P.S.-Vajirganj, District-Gaya (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sharma For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Vajirganj P.S. Case No. 100 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code.

Patna High Court CR. MISC. No.51479 of 2019(2) dt.19-08-2019 2/3 It is evident from the First Information Report that the occurrence had taken place because of a trivial controversy over a physical assault of the informant's grand-son, aged 10 years. It transpires that some scuffle had taken place and thereafter, it is alleged that the persons, named in the FIR including these petitioners, not only assaulted the informant but also took away some cash.

Learned counsel appearing on behalf of the petitioners is correct in his submission that the allegation against these petitioners is general and omnibus.

Considering the general and omnibus nature of allegation, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned CJM-1st, Gaya in Vajirganj P.S. Case No. 100 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their

Patna High Court CR. MISC. No.51479 of 2019(2) dt.19-08-2019 3/3 part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T