Gulab Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46050 of 2018 Arising Out of PS.Case No. -23 Year- 2018 Thana -BODHGAYA District- GAYA ======================================================
1. Gulab Paswan, Son of Late Somar Gorait,
2. Bablu Yadav, Son of Jitendra Yadav,
3. Vicky Kumar @ Vicky Paswan, Son of Oli Paswan,
4. Yogendra Chaudhary, Son of Late Ram Keshwar Chaudhary,
5. Akhilesh Kumar Gupta, Son of Nand Kishor Sah,
6. Bimlesh Kumar, Son of Khirodhar Yadav,
7. Sanjay Kumar, Son of Balgobind Ravidas,
8. Poonam Kumari, Daughter of Balgobind Ravidas, All is Resident of Village- Morotal, P.S.- Bodhgaya, District- Gaya. .... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2018 Learned counsel for the petitioners is permitted to make necessary correction in paragraph-1 of the main application in course of the day.
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 342, 323, 353, 337, 338, 427 and 307 of the Indian Penal Code and Section-30(a) of the Bihar Prohibition and Excise Act, 2016.
It has been submitted on behalf of the petitioners that the
Patna High Court Cr.Misc. No.46050 of 2018 (2) dt.31-07-2018 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has transpired in this case as they protested search and seizure made by the police in the houses of the villagers. There is no injury report in support of offence u/S 307 of the Indian Penal Code. The petitioners have been made accused in this case due to mistake of fact. Nothing incriminating has been recovered from the conscious possession of the petitioners. On behalf of the State, it is 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/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 learned Special Judge, Excise Act, Gaya in connection with Bodhgaya P.S. Case No. 23 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T