Allowed

Mohan Paswan v. The State of Bihar

Patna HC4 Apr 2024CR. MISC./22364/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a case alleging assault by an unlawful assembly; allegations against him were general and omnibus with specific allegations only against co-accused. The court allowed bail upon arrest or surrender within six weeks on bond with two sureties, subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Bail in event of arrest/surrender within six weeks on Rs. 25,000 bond with two sureties, subject to Section 438(2) Cr.P.C. conditions.

Mohan Paswan Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22364 of 2024

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Arising Out of PS. Case No.-174 Year-2023 Thana- BAHERA District- Darbhanga

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======================================================

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Mohan Paswan S/o Nandu Paswan R/o vill - Hanuman Nagar Benipur, P.S. - Bahera, Distt. - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s : Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 04-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 325, 308, 384, 386 & 504 of the Indian Penal Code.

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All the F.I.R. named accused persons including this petitioner along with 10-15 others are said to have assaulted the father of the informant.

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It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against co-accused, Shailendra Paswan and Shabir Khan. It is further submitted that

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Patna High Court CR. MISC. No.22364 of 2024(2) dt.04-04-2024 2/2

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the petitioner was enjoying the privilege of Section 41 A Cr.P.C. but after the filing of the charge sheet, the learned Court below took cognizance against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bahera P.S. Case No. 174 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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Trivedi/-

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U T

Mohan Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mohan Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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