Shashi Kumar Paswan @ Shashi Kant Pa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55451 of 2022 Arising Out of PS. Case No.-76 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== SHASHI KUMAR PASWAN @ SHASHI KANT PA S/O SHIVJI PASWAN RESIDENT OF MOHALLA- MILKY TOLA SADPURA POKHARIYAPIR CHAMAR TOLI, P.S.- KAZI MOHAMMADPUR, DISTRICTMUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 337, 338 and 353 of the Indian Penal Code and Sections 36 and 45 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
The informant alleges that on information that Shambhu Paswan and Rajesh Kumar Paswan @ Bantha Paswan are indulging in business of toddy when he and his team reached the place of occurrence, 100 miscreants including the petitioner started attacking
Patna High Court CR. MISC. No.55451 of 2022(2) dt.19-10-2022 2/2 the police on incitement of Shambhu Paswan and Rajesh Kumar Paswan @ Bantha Paswan in which the police officials were injured. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that allegation as alleged in the FIR with respect to the petitioner is general and omnibus in nature. Specific allegation is against Shambhu Paswan and Rejesh Kumar Paswan @ Bantha Paswan. It is next submitted that the allegation of assaulting the police is ornamental in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kazi Mohammadpur P.S. Case No. 76 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T