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2025 DAILYLAW 88577 (PAT)

Raju Paswan v. The State of Bihar

CR. MISC./36/2025 · 2025-01-17

Khatim Reza

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36 of 2025 Arising Out of PS. Case No.-146 Year-2024 Thana- RAJPUR District- Rohtas ====================================================== 1. Raju Paswan, (Male), aged about 28 years, son of Siyaram Paswan @ Baghawt Paswan, 2. Ramayan Paswan @ Sanoj Kumar, (Male), aged about 24 years, son of Shiyaram Paswan @ Baghawt Paswan, Both resident of village- Srinagar Suara Tola, PS- Baghaila, Dist- rohtas at Sasaram ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 17-01-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners apprehend arrest in connection with Rajpur PS Case No.146 of 2024 dated 29.08.2024, instituted under Sections 191(2), 191(3), 190, 127, 115(2), 109, 132, 352, 125(A), 125(B) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that on the alleged date of occurrence the informant along with the police personnel upon getting information about a quarrel reached the place of occurrence and found that 100 men and women armed with lathi-danda were present at the place of occurrence. On enquiry, they started abusing and assaulting the informant & other police Patna High Court CR. MISC. No.36 of 2025(2) dt.17-01-2025 2/3 personnel. The petitioner was identified by local chaukidar. 4. Learned counsel for the petitioners submits that the FIR has been lodged against sixteen named and eight five unknown persons. The petitioners have been named in the FIR. The petitioners have not been identified by the informant, rather, the name of the petitioners was disclosed by the local chaukidar. There is no specific allegation against the petitioners. Allegation against the petitioners is general and omnibus. It is also submitted that similarly situated co-accused Lalji Chaudhary has been granted anticipatory bail by this Court vide order dated 08.01.2025 passed in Cr. Misc. No.89475 of 2024. It is also submitted that twelve cases are pending against the petitioner no.1 and two cases are pending against petitioner no.2. 5. Learned APP has opposed the prayer for bail. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas, in Patna High Court CR. MISC. No.36 of 2025(2) dt.17-01-2025 3/3 Rajpur PS Case No.146 of 2024, subject to the conditions laid down in Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, and further (i) that the petitioners shall co- operate in the trial and shall be properly represented on each and every date fixed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be their own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are made accused in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) that if the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail, and (v) that the petitioners will appear before the SHO of concerned PS every fortnightly for the next six months. 7. The application stands allowed. J. Alam/- (Khatim Reza, J) U T