Patna High Court - Orders
Subodh Paswan vs The State Of Bihar on 18 June, 2019
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37048 of 2019
Arising Out of PS. Case No.-619 Year-2018 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
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1. Subodh Paswan S/o Musahar Paswan @ Musshar Paswan, Resident of
Village- Mohanpur, P.S.- Samastipur (Muffasil), District- Samastipur.
2. Dilip Paswan S/o Musahar Paswan @ Musshar Paswan, Resident of Village-
Mohanpur, P.S.- Samastipur (Muffasil), District- Samastipur.
3. Sunil Paswan S/o Baijnath Paswan @ Baidhnath Paswan, Resident of
Village- Mohanpur, P.S.- Samastipur (Muffasil), District- Samastipur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Lakshmindra Kumar Yadav
For the Opposite Party/s : Mr.Amit Kumar Rakesh
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
2 18-06-2019Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Muffasil (Samastipur) P.S. Case No.619 of 2018 registered for offence punishable under sections 147, 148, 149, 307, 323, 324, 338, 332, 333, 337, 341, 353, 427, 435 and 504 of the Indian Penal Code.
On account of accident, the people of locality jammed the road and paralized the whole traffic.
The allegation has been made that when the Police party was deputed there to control the mob and pacify them, Patna High Court CR. MISC. No.37048 of 2019(2) dt.18-06-2019 2/3 they became more aggressive and starting pelting stones, bricks, bottle and glass due to which lady Constable Soni Kumari, Pushpa Kumari and SAF Jawan Satyender Singh got injured and the rifles of Raj Kumar Sah and Mahendra Prasad Mandal were also got partially damaged. It has further been reported that several persons have received injury. They have burnt two motor cycles.
The learned counsel for the petitioners submits that the petitioners have not actively participated in the vandalism but they are the member of mob and further submits that they have wrongly been framed in the present case having no criminal history.
Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Samastipur in connection with Muffasil (Samastipur) P.S. Case No. 619 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners Patna High Court CR. MISC. No.37048 of 2019(2) dt.18-06-2019 3/3 shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the petitioners are found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of their bail bonds. Whenever the Police will call the petitioners for the purpose of interrogation/investigation, they would present themselves, In case of failure, the prosecution will have liberty to make a prayer for cancellation of their bail before the court below.
(Shivaji Pandey, J) Mahesh/-
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