Vishal Paswan @ Bishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.540 of 2020 Arising Out of PS. Case No.-319 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.

VISHAL PASWAN @ BISHAL KUMAR Son of Indu Paswan Resident of Village-Fakrabad, P.S.-Kudra, District-Kaimur at Bhabua. 2.

Saheb Paswan Son of Indu Paswan Resident of Village-Fakrabad, P.S.- Kudra, District-Kaimur at Bhabua.

3.

Rakesh Paswan Son of Gurbigan Paswan @ Ghurbigan Paswan Resident of Village-Fakrabad, P.S.-Kudra, District-Kaimur at Bhabua. 4.

Arjun Paswan Son of Murali Paswan Resident of Village-Fakrabad, P.S.- Kudra, District-Kaimur at Bhabua.

5.

Akash Paswan @ Akash Kumar Son of Nandu Paswan Resident of VillageFakrabad, P.S.-Kudra, District-Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. 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, 149, 341, 323, 325, 307, 353, 332, 333, 504, 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.540 of 2020(3) dt.16-06-2020 2/3 Allegedly, on the information of an incident, the informant along with police personnel reached at the place of occurrence. The mob present there started pelting bricks-stones, as a result of which, member of police sustained injury.

It has been submitted on behalf of the petitioners that the petitioner Nos. 1, 2, 3 & 5 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, 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 their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Kaimur at Bhabua in connection with Kudra P.S. Case No. 319 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.540 of 2020(3) dt.16-06-2020 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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