Kali Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.40615 of 2017 (5) dt.15-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40615 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Kali Paswan, S/o Ganesh Paswan, Resident of Village- Raudi Pokhar, P.S. Lalganj, District Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No. 75 of 2017, registered under Sections 147, 148, 149, 341, 342, 323, 325, 307, 337, 338, 332, 333, 379, 504, 506 and 435 of the Indian Penal Code and Sections 3⁄4 of the Prevention of Damage of Public Property Act.
The accusation is that, on receiving information about the death of one person in motorcycle accident due to that reason road was blocked, the informant being S.I. of Hajipur Sadar Police Station along with other police officials reached there then the mob was started to pelting stones and bricks and causing assault
Patna High Court Cr.Misc. No.40615 of 2017 (5) dt.15-12-2017 through stick and lathi, in which, informant and constable Anand Kumar sustained injury. At that time, petitioner and Rajesh Paswan tried to snatch the magazine of INSAS Rifle and the dead body of the injured was also put in the middle of the road. At that time, 16 persons including the petitioner were identified. Learned counsel for the petitioner submits that, in fact, in the motorcycle accident, uncle of the petitioner sustained injury and due to that reason he was present there, but with ulterior motive the petitioner has falsely been implicated in this case. Further submission is that 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 six 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, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 75 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T