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Patna High CourtCR. MISC./81223/2019bail granted

Sukdev Paswan @ Sukhdev Paswan @ Shukdev Paswan v. The State Of Bihar

2020-02-14Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81223 of 2019 Arising Out of PS. Case No.-540 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== 1.

SUKDEV PASWAN @ SUKHDEV PASWAN @ SHUKDEV PASWAN S/o Late Kapleshwar Paswan @ Luchai Paswan R/o village- Rajganj, Ward No. 11, P.S.- Narpatganj, District- Araria 2.

Nageshwar Yadav S/o Late Raghunath Yadav R/o village- Panjarkatta, Barhepara, P.S.- Narpatganj, District- Araria 3.

Vinod Paswan S/o Ganesh Paswan Resident of Madhura South, Ward No. 10, P.S.- Narpatganj, District- Araria 4.

Niranjan Kumar Singh @ Niranjan Singh S/o late Ganesh Prasad Singh @ Ganesh Singh R/o village- Madhura Uttar, P.S.- Narpatganj, District- Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,149,341,353 and 383 of the IPC.

The prosecution case as per the written report of Shiv Bachan Kumar Sad, ASI of Police of Narpatganj Police Station is to the effect that on 10.9.2018 at 9.00 AM during patrolling the informant received information that in a Band call given by a political party, namely, Congress, certain people have blocked NH57. Out of them, 15

Patna High Court CR. MISC. No.81223 of 2019(2) dt.14-02-2020 2/3 persons were identified leading to registration of FIR against 15 named and 30-35 unknown. The petitioners were named in the FIR.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the mob and similarly situated co-accused persons have been granted bail by a Co-ordinate Bench of this Court vide order dated 13.9.2019 passed in Cr. Misc. No. 58032 of 2019. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR.

Considering the accusation being omnibus and general against the mob and statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Narpatganj P.S. Case No.540 of 2018

Patna High Court CR. MISC. No.81223 of 2019(2) dt.14-02-2020 3/3 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U