Biro Paswan @ Birbal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67549 of 2022 Arising Out of PS. Case No.-280 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Biro Paswan @ Birbal Paswan Son Of Late Bhola Paswan R/V- Binodpur, Ward No. 09, P.S.- Muffasil, ( Singhoul O.P.), District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 333, 337, 338, 353, 504 of the Indian Penal Code and Section 3⁄4 of Epidemic Act.
Allegedly, the accused persons tried to get rescued the arrested accused from the custody of police and also blocked the National Highway.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that
Patna High Court CR. MISC. No.67549 of 2022(2) dt.19-01-2023 2/2 similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 04.03.2022 passed in Cr. Misc. No. 814 of 2022 and order dated 16.08.2022 passed in Cr. Misc. No. 11580 of 2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and the fact that the similarly situated co-accused has already been granted bail, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Muffasil P.S. Case No. 280 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T