Prabhash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61574 of 2019 Arising Out of PS. Case No.-125 Year-2018 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.

PRABHASH PASWAN Son of Bishwanath Paswan Resident of Village - Bhiraundha, P.S.- Sanokhar, District- Bhagalpur 2.

Alok Kumar Son of Girish Paswan Resident of Village - Bhiraundha, P.S.- Sanokhar, District- Bhagalpur 3.

Dablu Paswan Son of Janardhan Paswan Resident of Village - Bhiraundha, P.S.- Sanokhar, District- Bhagalpur 4.

Niwas Paswan Son of Bishwanath Paswan Resident of Village - Bhiraundha, P.S.- Sanokhar, District- Bhagalpur 5.

Jhabbu Paswan Son of Shankar Paswan Resident of Village - Bhiraundha, P.S.- Sanokhar, District- Bhagalpur 6.

Birbal Paswan Son of Janardhan Paswan Resident of Village - Bhiraundha, P.S.- Sanokhar, District- Bhagalpur 7.

Shailendra Paswan Son of Girish Paswan Resident of Village - Bhiraundha, P.S.- Sanokhar, District- Bhagalpur 8.

Subhash Paswan Son of Bishwanath Paswan Resident of Village - Bhiraundha, P.S.- Sanokhar, District- Bhagalpur 9.

Bibhash Paswan Son of Bishwanath Paswan Resident of Village - Bhiraundha, P.S.- Sanokhar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Nath Jha Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sanokhar Police Station Case No. 125 of 2018, disclosing offences under Sections 147/148/149/323/307/352/332/333 of

Patna High Court CR. MISC. No.61574 of 2019(2) dt.16-10-2019 2/3 the Indian Penal Code.

The allegation against the petitioners is that the petitioners, along with other accused persons, assaulted the police personnel when the police personnel had arrived to solve a dispute between Vijay Paswan and Subhash Paswan. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case inasmuch as altogether 17 persons have been made accused and there is no specific allegation against them. The allegation against the petitioners are general and omnibus. He, referring to paragraph 9 of this application, submits that the injury caused to the police personnel have been found to be simple in nature. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that only general and omnibus allegation has been levelled against the petitioners and the injury caused to the police personnel are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.61574 of 2019(2) dt.16-10-2019 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sanokhar Police Station Case No. 125 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √