Dhananjay Paswan @ Dhanjay Paswan And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13094 of 2016 Arising Out of PS.Case No. -262 Year- 2015 Thana -RAJAUN District- BANKA ======================================================
1. Dhananjay Paswan @ Dhanjay Paswan son of Shri Chunchun Paswan
2. Dilip Kumar Chaudhary @ Dilip Chaudhary son of Ganpat Chaudhary
3. Rabindra Singh @ Rabindra Mandal son of Late Karu Singh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Niraj Kumar For the State : Mr. U.L. Verma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 147/148/ 149/ 323 /341/332/333/379/337/338/353/307/504 and 506 of the Indian Penal Code and 27 of the Arms Act and 4/40 of the Bihar Minor Mineral Concession Rules.
The allegation against these petitioners is that while the officials were conducting raid regarding illegal mining of sand, the present petitioners alongwith several others persons protested the action of Police which is reported by one Chaukidar, namely, Devendra Paswan. Diary in this case was called for earlier which has since been received.
Learned counsel appearing on behalf of the State submits that though there is statement to the effect in the First Information Report
Patna High Court Cr.Misc. No.13094 of 2016 (3) dt.04-05-2016 P2/2 that Chaukidar Devendra Paswan had witnessed these petitioners to be part of the mob attacking the officials. Yet, in his subsequent statement, there is no mention of the name of these petitioners. Learned counsel for the petitioner further submits that similarly situated persons have been extended the privilege of anticipatory bail vide order dated 28.04.2016 passed in Cr. Misc. No. 14508 of 2016. Considering the aforementioned facts and circumstances and that no specific case is made out against these petitioners, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajaun P.S. Case No. 262/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T