Lakshman Paswan @ Lakshman Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55213 of 2022 Arising Out of PS. Case No.-234 Year-2022 Thana- BARH District- Patna ====================================================== LAKSHMAN PASWAN @ LAKSHMAN DAS S/O JAWAHAR PASWAN Resident of village- Shahsalempur, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Barh P.S. Case No. 234 of 2022 for the offence registered under Sections 147, 148, 149, 152, 189, 322, 341, 323, 307, 353, 427, 504 and 506 of the Indian Penal Code. As per the prosecution story, after the accident occurred at National Highway-31, allegation is that around 100170 persons assembled there which included this petitioner who put blockade. As a result, number of vehicles including the school bus and ambulance got stranded and subsequently, when the police tried to remove the blockade, stones were thrown and some vehicles were also damaged.

Learned counsel for the petitioner submits that the entire people of the local area have been roped in as accuseds

Patna High Court CR. MISC. No.55213 of 2022(2) dt.18-01-2023 2/2 and in that backdrop, the petitioner who do not have criminal antecedent, deserves relief.

Learned APP for the State opposes the prayer for anticipatory bail.

Taking into account the fact that the allegation is omnibus in nature against 100-170 people, the petitioner do not have criminal antecedent , this Court is inclined to grant relief to the petitioner, subject to condition that he shall appear before the concerned police station every fortnight for next six months to mark his attendance.

Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Barh, Patna, in connection with Barh P.S. Case No. 234 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan /Ajay Singh/- U T