Dharmendra Paswan & Ors vs The State Of Bihar on 24 May, 2018

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Patna High Court - Orders

Dharmendra Paswan & Ors vs The State Of Bihar on 24 May, 2018

Bench: S. Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                                    Criminal Miscellaneous No.31142 of 2018
                       Arising Out of PS. Case No.-8 Year-2017 Thana- UPHARA District- Aurangabad
               ======================================================
            1. Dharmendra Paswan, S/o Late Ramdeep Paswan,
            2. Sintu Kumar S/o Late Ugrah Paswan,
            3. Suryakant Kumar @ Suryakant Paswan @ Surajkant S/o Raj
               Kumar Paswan,
            4. Rajesh Kumar S/o Late Rajendra Paswan,
            5. Ram Kumar Paswan S/o Late Budhu Paswan @ Late Budhu Ram,
            6. Gudu Shankar Paswan @ Guru Shankar Paswan @ Guru Shankar
               Paswan S/o Ramdeep Paswan,
            7. Vijay Paswan S/o Lalan Paswan,
            8. Upendra Paswan @ Nanhe Paswan S/o Late Rajnandan Paswan,
               All R/o Vill.- Bela , P.S.- Uphara, District- Aurangabad.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Leelawati Kumari

                 For the Opposite Party/s :        Mr. Sri Shantanu Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. KUMAR
                                       ORAL ORDER

2   24-05-2018

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek Anticipatory bail in connection with Uphara P.S. Case No. 08 of 2017 registered under Sections 147, 149, 288, 353, 427 of the Indian Penal Code and Section 3 Prevention of Damage of Public Property Act.

The informant in his written report has stated that on 20.02.2017 some locals intended to install statue of Baba Bhimrao Ambedkar in the mid of the road. The officials and Patna High Court Cr.Misc. No.31142 of 2018(2) dt.24-05-2018 2/3 locals convened a joint meeting and it was agreed that the statue would be installed by the side of the road but on 22.02.2017 locals installed the statue in the mid of the road and damaged the road to some extent.

Learned counsel for the petitioners submitted that 36 persons are named in the FIR and 60-65 persons are unknown. It has further been submitted that they are innocent and have been falsely implicated in this case. No specific overt act has been alleged against them. It has further been submitted that several co-accused persons have been granted bail by a Co- ordinate Bench of this Court vide order dated 05.04.2018 passed in Criminal Miscellaneous No. 13995 of 2018.

Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Uphara P.S. Case No. 08 of 2017, subject to the conditions as laid down under Section Patna High Court Cr.Misc. No.31142 of 2018(2) dt.24-05-2018 3/3 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/-

U         T

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Patna High Court - Orders