Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26802 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== MANOJ PASWAN Son of Raj Kumar Paswan Resident of Village- Rouna, P.S.- Belaganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Belaganj P.S. case No.18 of 2020 registered under Sections 341, 323, 379, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation is that the petitioner fired from the rifle on the chest of brother of the informant, namely, Dharmendra Paswan, due to which he sustained injury on his chest. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.26802 of 2021(3) dt.28-02-2022 2/3 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Case diary alongwith the injury report was called for. A report has been submitted in respect of the injury report of the victim, which is at Flag 'A'. It has been stated that no injury report of the victim has been sent by the concerned Investigating Officer. It has further been submitted on behalf of the petitioner that there is no injury report on record to support the allegations made in the F.I.R. It is a case and counter case between the parties. Free fight is alleged to have taken place. Both the sides are injured. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 9th, Gaya in connection with Belaganj P.S. case No.18 of 2020,

Patna High Court CR. MISC. No.26802 of 2021(3) dt.28-02-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T