Ram Rekha Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78125 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- RISIYAP District- Aurangabad ====================================================== 1.
Ram Rekha Paswan Son of Ram Lakhan Paswan Resident of VillageKhetpura, P.S.- Risiup, Distt,.- Aurangabad, Bihar 2.
Munna Paswan Son of Krit Paswan Resident of Village- Khetpura, P.S.- Risiup, Distt,.- Aurangabad, Bihar 3.
Arjun Paswan @ Arjun Kumar Son of Shiv Paswan Resident of VillageKhetpura, P.S.- Risiup, Distt,.- Aurangabad, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Kumari Chandna, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. In this present case, the petitioners are apprehending their arrest in connection with Risiyap P.S. Case No. 22 of 2024, registered for the offences under Sections 147, 149, 323, 307, 353, 332, 336, 337, 504 and 506 of the Indian Penal Code.
3. As per prosecution case, during immersion of idol of Goddess Saraswati, the informant prevailed upon the processionists to immerse the idol at certain identified place. Aggrieved by the act of the informant, the petitioners and a
Patna High Court CR. MISC. No.78125 of 2024(2) dt.10-01-2025 2/3 number of other co-accused persons surrounded the police party and abused and assaulted them. The Chowkidar disclosed the name of the petitioners along with 16 other named co-accused persons apart from 15 unknown persons.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Petitioners were not present at the place of occurrence at the alleged time and date. The petitioners never prevented the police party in discharging its duties. Petitioners are having clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the general and omnibus allegations without substantive material against the petitioners and also considering the clean antecedent of the petitioners coupled with possibility of false implication, let the petitioners, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.78125 of 2024(2) dt.10-01-2025 3/3 Magistrate, Aurangabad/concerned court in connection with Risiup P.S. Case No. 22 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T