Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10776 of 2020 Arising Out of PS. Case No.-313 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== 1.

MANOJ PASWAN Son of Late Rambrich Paswan Resident of VillageNidani, Police Station-Mohanpur, District-Gaya. 2.

Jitendra Paswan Son of Raj Kumar Paswan Resident of Village-Nidani, Police Station-Mohanpur, District-Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No.2, Advocate For the State :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-07-2020 Heard Mr. Manish Kumar No.2, learned counsel for the petitioners and Mr. Satyendra Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners apprehend arrest in connection with Barachatti (Mohanpur) P.S. Case No. 313 of 2018 registered for the offences punishable under Sections 147, 149, 323, 307, 504 and 506 of the Indian Penal Code 1860.

The allegation against the petitioners is that they along with other accused persons, seven in numbers, have assaulted the informant on his head by means of lathi causing injuries to him. Learned counsel further submits that both the

Patna High Court CR. MISC. No.10776 of 2020(2) dt.02-07-2020 2/3 parties are immediate neighbours and there is a dispute between the parties regarding drainage. Learned counsel further submits that the injuries caused to the informant have been found to be simple in nature which are mentioned in paragraph-32 of the case diary. He further submits that the allegation against the petitioners are general and omnibus in nature. Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are immediate neighbours, the allegation against the petitioners is general and omnibus and the injuries found on the person of the informant are simple in nature, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Barachatti (Mohanpur) P.S. Case No. 313 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.10776 of 2020(2) dt.02-07-2020 3/3 bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T