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Patna High CourtCR. MISC./71054/2024allowed

Anil Paswan v. The State Of Bihar

2024-10-23Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71054 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Anil Paswan S/o Late Babu Ram Paswan Resident of Village- Nadiauna, P.S.- Noorsarai, District- Nalanda 2.

Pokhan Paswan @ Rameshwar Paswan S/o Late Babu Ram Paswan Resident of Village- Nadiauna, P.S.- Noorsarai, District- Nalanda 3.

Anandi Paswan S/o Late Babu Ram Paswan Resident of Village- Nadiauna, P.S.- Noorsarai, District- Nalanda 4.

Rajesh Paswan S/o Late Babu Ram Paswan Resident of Village- Nadiauna, P.S.- Noorsarai, District- Nalanda 5.

Suresh Paswan S/o Nageshwar Paswan Resident of Village- Nadiauna, P.S.- Noorsarai, District- Nalanda 6.

Pradeep Kumar S/o Late Ashok Prasad Resident of Village- Nadiauna, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No. I, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 186, 187, 188, 353, 427, 504 and 504 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons along with some other unknown persons are said to have blocked main road by keeping dead body of the deceased in mid of road and

Patna High Court CR. MISC. No.71054 of 2024(2) dt.23-10-2024 2/3 started raising slogans causing obstruction in traffic. They assaulted the police personnel and caused damage to the public properties as well.

4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. They have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Petitioners are own family members of the deceased. There is no specific allegation of assaulting or causing road jam rather there is general and omnibus allegation against the petitioners. They have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in

Patna High Court CR. MISC. No.71054 of 2024(2) dt.23-10-2024 3/3 connection with Noorsarai P.S. Case No. 250 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T