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Patna High CourtCR. MISC./5416/2017rejected

Mithun Paswan And ORS v. The State Of Bihar

2017-02-06Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5416 of 2017 Arising Out of PS.Case No. -238 Year- 2014 Thana -HAJIPUR SADAR District- VAISHALI (HAJIPUR) ======================================================

1. Mithun Paswan son of Ramendra Paswan

2. Nirala Paswan, son of Ramendra Paswan

3. Rajiv Paswan, son of Nagendra Paswan

4. Ranjan Paswan @ Ranjan Kumar Paswan, son of Nagendra Paswan All are residence at village- Panapur Langa, P.S.-Hajipur Sadar, DistrictVaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raja Ram Rai, Advocate. For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-02-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Sadar Hajipur P.S. Case No. 238 of 2014 instituted under Sections 147, 148, 149, 448, 341, 323, 326, 307, 379 and 506 of the Indian Penal Code.

The allegation, in brief, is that the accused persons assaulted the informant and other persons.

Learned counsel for the petitioners submits that due to land disputes petitioners were falsely implicated in this case and no prima facie case under Section 307 of the Indian Penal Code is made out.

Patna High Court Cr.Misc. No.5416 of 2017 (2) dt.06-02-2017 2/2 Having considered the said fact and the impugned rejection order of the learned Sessions Judge, which shows that petitioners were absconding as charge sheet was filed against them as absconder, so prayer for anticipatory bail is rejected and the petitioners are directed to surrender before the court below and seek regular bail, which shall be considered on merit without being prejudiced by this order.

(Arun Kumar, J) Sujit/- U