Lala Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78544 of 2019 Arising Out of PS. Case No.-526 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== 1.

Lala Paswan, S/o Late Ram Autar Paswan, Resident of Mahmadpur, P.S.- Naubatpur, District- Patna.

2.

Rambabu Paswan, S/o Akhalu Paswan @ Bhukhalu Paswan, Resident of Mahmadpur, P.S.- Naubatpur, District- Patna.

3.

Shivapujan Paswan, S/o Sanjay Paswan @ Chandil Paswan, Resident of Mahmadpur, P.S.- Naubatpur, District- Patna.

4.

Dharmveer Kumar, S/o Madheshwar Paswan, Resident of Mahmadpur, P.S.- Naubatpur, District- Patna.

5.

Ranjeet Kumar, S/o Umesh Mahto, Resident of Mahmadpur, P.S.- Naubatpur, District- Patna.

6.

Opit Paswan @ Piju, S/o Hari Nandan Paswan, Resident of Mahmadpur, P.S.- Naubatpur, District- Patna.

7.

Sonu Kumar, S/o Harinandan Paswan, Resident of Mahmadpur, P.S.- Naubatpur, District- Patna.

8.

Bimochan @ Binod Kumar @ Bimochan Kumar, S/o Rambabu Paswan Resident of Mahmadpur, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Sharan, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-12-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody since 10.08.2019 in connection with Naubatpur P.S. Case No.526 of 2019 registered for the offence under Sections 147, 148, 149, 188, 341, 323, 332, 143, 333, 353 and 302 of the Indian Penal

Patna High Court CR. MISC. No.78544 of 2019(2) dt.03-12-2019 2/3 Code.

Learned counsel for the petitioners submits that there is no specific allegation against the petitioners, but in view of the fact that the petitioners are said to be the members of the crowd which had gathered and thrashed the child thief in Village-Mahamadpur, due to which the said alleged child thief died, the police have taken the name of 150-200 persons and as a consequence thereof, the petitioners are now in custody. Learned counsel for the petitioners submits that the present petitioners have no criminal antecedents and at best, they could be treated as the members of the mob and not otherwise. Further submissions advanced by the learned counsel for the petitioners is that several similarly situated co-accused whose names were also taken by the co-villagers have since been extended the privilege of either anticipatory bail or regular bail in Cr.Misc. Nos.71059 of 2019, 70166 of 2019, 64196 of 2019, 65518 of 2019, 65812 of 2019, 77552 of 2019 by different co-ordinate Benches of this Court.

Considering the aforementioned facts and circumstances of the case, let the petitioners, above named, be released on bail on their furnishing bail bonds of

Patna High Court CR. MISC. No.78544 of 2019(2) dt.03-12-2019 3/3 Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Danapur, in connection with Naubatpur P.S. Case No.526 of 2019.

(Anjana Mishra, J) PNM U T