Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17298 of 2022 Arising Out of PS. Case No.-446 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Manoj Paswan son of Balel Paswan Resident of Village - Amauja, P.s.- Phulparas, District - Madhubani.

2.

Ashok Paswan Son of Balel Paswan Resident of Village - Amauja, P.s.- Phulparas, District - Madhubani.

3.

Binod Paswan Son of Balel Paswan Resident of Village - Amauja, P.s.- Phulparas, District - Madhubani.

4.

Balel Paswan Son of Late Bilat Paswan Resident of Village - Amauja, P.s.- Phulparas, District - Madhubani.

5.

Dhanraj Paswan Son of Belal Paswan Resident of Village - Amauja, P.s.- Phulparas, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Phulparas P.S. Case No. 446 of 2020, registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

As per the prosecution case, all the accused persons including petitioners came at the house of informant and on the order of petitioner no. 4 started demolishing his house and on

Patna High Court CR. MISC. No.17298 of 2022(2) dt.29-08-2022 2/3 protest, all the accused persons abused and assaulted. When informant's wife came to save, petitioner no. 2 disrobed her. Other female co-accused persons took out cash and ornaments of informant's wife.

It is submitted that petitioners have been falsely implicated in this case due to land dispute. No such occurrence as alleged in the FIR has taken place. Allegation of assault is general and omnibus. Allegation of snatching ornaments and taking cash is ornamental.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 2nd, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 446 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T

Patna High Court CR. MISC. No.17298 of 2022(2) dt.29-08-2022 3/3