Bhim Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60134 of 2017 Arising Out of PS. Case No.-732 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Bhim Paswan, Son of Late Sheopujan Paswan, Resident of VillageMishripur, P.S.- Sasaram (Muffasil), District- Rohtas. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh For the Opposite Party/s :
Mr. RAJESH KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 338, 448, 427, 307, 379, 504 and 506 of the IPC and Section 27 of the Arms Act.
The prosecution case, as per the written report of Ram Awatar Paswan is to the effect that on 28.05.2017, his covillagers came variously armed to the house of the informant and started pelting bricks and stones when co-accused Shivjee Paswan, Jag Narain Paswan, Bhim Paswan, Maharaj Paswan, Laxman Paswan, Bipin Paswan, Santu Paswan armed with gun
Patna High Court Cr.Misc. No.60134 of 2017(2) dt.13-12-2017 2/3 and country made pistol resorted to fire, though no injury was caused to the informant and subsequently the accused persons barged into the house of the informant and started assaulting the family members of the informant and took away Rs. 20,000/-. It is further alleged that Sonu Paswan and Sintu Paswan also took away the ornaments of the wife of the informant and grains. It is submitted by learned counsel for the petitioner that the accusation against the petitioner is omnibus and general. Obviously, no firearm injury was caused. Other similarly situated co-accused Govind Paswan and others have been granted anticipatory bail by a co-ordinate Bench of this Court, vide Cr. Misc. No. 51815 of 2017. A statement has been made in paragraph no.3 of the petition, that the petitioner has no criminal antecedent.
Considering the accusation against the petitioner being omnibus and general and other similarly situated accused persons have been granted anticipatory bail, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at
Patna High Court Cr.Misc. No.60134 of 2017(2) dt.13-12-2017 3/3 Sasaram in connection with Sasaram (M) P.S. Case no. 732 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T