Vinod Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56704 of 2023 Arising Out of PS. Case No.-331 Year-2014 Thana- SUPAUL District- Supaul ====================================================== VINOD PASWAN S/O - BUDHAN PASWAN R/O - CHAINSINGHPATTI, P.S. - SUPAUL, DIST-SUPAUL.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Patla Kumari, Adv.
For the Opposite Party/s :
Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2023
1. Heard the learned counsel for the petitioner and learned APP for the State.
2. This is an application for grant of anticipatory bail in connection with Supaul P.S. Case No.331 of 2014, registered for offences under Sections 147, 148, 149, 323, 341, 353, 337, 307, 431 and 427 of the IPC.
3. As per the case of the prosecution, 16 named accused persons, including the petitioner herein and 50-60 unknown persons are alleged to have disrupted traffic on the Supaul-Bhapatiyahi main road for about four hours on the pretext of protesting the death of one student of their locality in a road accident and when the police force had arrived there for clearing the traffic, some of the accused persons had attacked the police party.
Patna High Court CR. MISC. No.56704 of 2023(2) dt.30-08-2023 2/3
4. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against the petitioner and he has not been alleged to have engaged in any sort of specific overtact. It is also submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by coordinate Benches of this Court vide orders dated 06.12.2022 and 10.05.2023, passed in Cr. Misc. No.46160 of 2022 and Cr. Misc. No.10679 of 2023, respectively.
5. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted the privilege of anticipatory bail by coordinate Benches of this Court, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.
Patna High Court CR. MISC. No.56704 of 2023(2) dt.30-08-2023 3/3
7. Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Supaul in connection with Supaul P.S. Case No.331 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) sonal/- U T