Lakshman Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2556 of 2017 Arising Out of PS.Case No. -16 Year- 2016 Thana -NARARI KALA KHURD DistrictAURANGABAD ====================================================== Lakshman Paswan, Son of Late Kameshwar Paswan, resident of VillageRaghunath pur, P.O.- Mahuawn, P.S.- Badem, O.P. and Distt.- Aurangabad. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Verma For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Narari Kala Khurd P.S. Case no. 16 of 2016, registered under Sections 147, 148, 149, 228, 323, 324, 326, 337, 338, 307, 395, 427, 504, 506 and 120B of the Indian Penal Code and Section 25(1-b)A, 26, 27, 35 of the Arms Act and Section 3 of Damage of Public Property Act. The accusation is that there was clash between labour and management of project running in NPGC/NTPC and one Varun Kumar Singh was apprehended by the Police, whereupon the local people become furious and started pelting stones at the Police personnel. Thereafter, a large number of Police personnel reached there to control the situation. On the basis of video footage, 32 persons, including the petitioner, were identified out of mob of 200 to

Patna High Court Cr.Misc. No.2556 of 2017 (2) dt.06-03-2017 2/2 250 people.

Learned counsel for the petitioner submits that while petitioner is named in the F.I.R., but no specific overt act has been attributed against the petitioner and similarly situated co-accused Ashok Yadav @ Ashok Singh and 11 others have already been granted Anticipatory bail by a co-ordinate Bench of this Court on 01.12.2016 passed in Criminal Miscellaneous No.46563 of 2016. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Narari Kala Khurd P.S. Case No.16 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T