Raja Ram Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55106 of 2023 Arising Out of PS. Case No.-280 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJA RAM PASWAN S/o GUDAR PASWAN R/o vill - Binodpur, P.S. - Muffasil (Singhaul), Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhushan Poddar, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-09-2023 Heard Mr. Braj Bhushan Poddar, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Mufassil (Singhaul) P.S. Case No. 280 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 333, 337, 338, 353, 504 of the Indian Penal Code and Section 3/4 of the Epidemic Act.
3. Allegedly all the F.I.R. named accused persons and unknown persons by defying the execution of public order, blocked the National Highway and also assaulted the police personnel while protesting the arrest of an accused persons.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.55106 of 2023(2) dt.13-09-2023 2/3 petitioner submits that the F.I.R. has been instituted against 10 named and 50 unknown persons without their being any specific allegation. He further submits that only because of the fact that the petitioner being the local resident, having one criminal antecedent, his name has been implicated in this case. He next submits that none of the person sustained any injury and moreover other co-accused persons, having similar allegation, have been allowed the privilege of anticipatory bail by the learned coordinate Benches of this Court in Cr. Misc. No. 53502 of 2022 vide order dated 20.12.2022 and in Cr. Misc. No. 54515 of 2022 vide order dated 22.12.2022.
5. On the other hand, learned APP for the State opposes the bail application and submits that the petitioner along with others objected the police personnel in discharging their official duties and, as such, he does not deserve the privilege of anticipatory bail.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and the fact that none has sustained any injury, coupled with the fact that other co-accused, having identical allegation, have been allowed the privilege of anticipatory bail, let the petitioner, named above, in the event of his arrest or
Patna High Court CR. MISC. No.55106 of 2023(2) dt.13-09-2023 3/3 surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Mufassil (Singhaul) P.S. Case No. 280 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T