Pradeep Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69155 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- MALI District- Aurangabad ======================================================

1. Pradeep Paswan, S/o Tunna Paswan.

2. Dilip Paswan, S/o Tunna Paswan.

3. Santlesh Paswan, S/o Tunna Paswan.

4. Bipin Paswan, S/o Girish Paswan.

5. Bablu Paswan, S/o Girish Paswan.

6. Bhola Paswan, S/o Ramjanam Paswan. All six residents of Village- Dhanhar Bigha, P.S. Mali, District- Aurangabad. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ashok Kumar Singh, Advocate.

For the Opposite Party :

Mr. Ramchandra Sahani, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 144, 188, 149, 307, 353, 504, 506 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that on 27.07.2018 while the informant alongwith police forces was on patrolling duty, he received an input that tension had prevailed at Bariawan Market between the people of villages Dhanar Bigha and Sonbarsa. In spite of effort lent by the police, the people of both the sides were challenging to each other. They were opening fire also and they deterred the police from discharging

Patna High Court Cr.Misc. No.69155 of 2018(2) dt.30-11-2018 2/3 its duty.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. From bare perusal of F.I.R., it is evident that none is said to have been injured in course of occurrence. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate. Other co-accused have been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 55589 of 2018 order dated 20.09.2018.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Aurangabad, in connection with Mali P.S. Case No. 43/18, subject to the conditions as laid down under Section 438(2) of

Patna High Court Cr.Misc. No.69155 of 2018(2) dt.30-11-2018 3/3 the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T