Binod Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.39234 of 2018 (2) dt.06-07-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39234 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================
1. Binod Paswan S/o Late Mahendra Paswan, R/o Vill.- Khemda Barun, P.S.- Barun, District- Aurangabad. (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2018 Heard both sides.
The petitioner apprehends his arrest in Barun P.S. Case No.97 of 2018 registered under Sections 147, 148, 149, 341, 323, 324, 307, 332, 333, 353, 395, 436, 504, 120(B) of the Indian Penal Code and 3⁄4 of Prevention of Damage of Public Property Act. The informant, a police officer alleged that he went for verification on information that a child was injured in a motor accident. Mahendra Paswan, the family member of the child disclosed that the deceased was Gautam Kumar, son of Kamdeo Paswan, resident of Neem Tola. The informant further alleged that many villagers assembled there started pelting stones and they ransacked the vehicles and other articles.
The learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.39234 of 2018 (2) dt.06-07-2018 petitioner is of course named in the F.I.R. but no specific allegation of pelting stones against the petitioner is made out. The villagers made protest of motor accident killing Gautam Kumar on the spot. Similarly situated other accused persons have been granted bail by different Benches of this Court. Taking into consideration the facts aforesaid and the fact that similarly situated accused have already been granted anticipatory bail/regular bail, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No.97 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T