Dilip Paswan And Ors vs State Of Bihar

Heard Mr. Anil Prasad Singh, learned counsel for the petitioners and Mr. Humayou Ahmad Khan, learned Additional Public Prosecutor

(hereinafter referred to as the ‘APP’) for the State.

The petitioners apprehend arrest in connection with Araria (RS) PS Case No. 579 of 2019 dated 26.07.2019, instituted under Sections 147, 149, 341,

427, 447, 354, 504 and 506 of the Indian Penal Code.

The allegation against the petitioners is of general riot and assault and specifically against petitioner no. 1 of tearing the blouse of the informant.

Learned counsel for the petitioners submitted that the informant had filed a case under Section 376 of the Indian Penal Code against the son of

petitioner no. 4, who is the brother of petitioners no. 1 to 3 and is in custody and the police had come to investigate the case and when the police had

left, it is alleged that the petitioners had gone to the house of the informant and committed the offence. Learned counsel submitted that there is no

injury brought before the police during investigation and the allegation of tearing the blouse is cosmetic. It was submitted that the petitioners have no

criminal antecedent.

Learned APP submitted that there is allegation of assault against the petitioners. However, it was not controverted that the same is general and

omnibus without resulting in any injury, much less grievous in nature.

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. 25,000/- (twenty five

thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in Araria (RS) PS Case

No. 597 of 2019, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further, (i) that one of the bailors

shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners and

they shall co-operate with the police/prosecution and the Court. Any violation of the terms and conditions of the bonds or the undertaking and non-

cooperation shall lead to cancellation of their bail bonds.

It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court

concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioners.

The application stands disposed off in the aforementioned terms.