Saheb Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29151 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- SAKURABAD District- Jehanabad ====================================================== 1.

SAHEB PASWAN S/O Hazari Paswan Resident of Village- Musarhi, P.S. - Kurtha, Dist. - Arwal.

2.

Manoj Manjhi S/O Shedhin Manjhi Resident of Village - Musarhi, P.S. - Kurtha, Dist. - Arwal.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 448, 324, 307, 379, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that the accused persons, including the petitioners on 28.05.2020 at 10:00 PM came to the house of the informant and started demanding money, on protest the accused persons assaulted him by Pasuli causing injury on his arm and head, they also assaulted his father and brother causing injury on their arm

Patna High Court CR. MISC. No.29151 of 2021(2) dt.03-11-2022 2/3 and head, further looted Rs. 40,000/- and took away ornaments, as detailed in the FIR.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that the allegation of assault is general and omnibus in nature i.e., no specific allegation of assault is alleged, it is also pleaded at Para-10 that no injury report is there in the case diary, it is next submitted that if what has been alleged is true and the informant and his side were injured then definitely they would have been treated but from perusal of the FIR it appears that the same was instituted based on an application submitted by the informant which further belies the allegations, it is next submitted that the FIR also does not specify that as to why the accused persons were demanding money.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.29151 of 2021(2) dt.03-11-2022 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shakurabad P.S. Case No. 83 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T