Laxman Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3491 of 2018 Arising Out of PS.Case No. -149 Year- 2017 Thana -OBRA District- AURANGABAD ======================================================

1. Laxman Paswan S/o Late Saguni Paswan

2. Dina Paswan S/o Late Rajdev Paswan

3. Sanjay Paswan S/o Late Faguni Paswan

4. Ravindra Paswan S/o Banawari Paswan

5. Banarsi Paswan S/o Dineshwar Paswan, All residents of Village Ganga Bigha, Police Station - Obra, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-02-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend arrest in connection with Obra Police Station Case No. 149 of 2017 registered for the offences under sections 323, 325, 341, 307, 504/34 of the Indian Penal Code.

It has been submitted that the petitioner no. 3, Sanjay Paswan has been arrested and so his prayer for granting him anticipatory bail has become infructuous.

In view of submission of learned counsel for the petitioners, the prayer of petitioner no. 3 is dismissed as

Patna High Court Cr.Misc. No.3491 of 2018 (2) dt.05-02-2018 2/3 withdrawn.

So far other petitioners are concerned, it has been submitted that occurrence of scuffle took place between the parties for making structure over the land of temple and for said occurrence case and counter case were lodged by both the sides. In this connection an FIR bearing Obra Police Station Case No. 146 of 2017 has been lodged by petitioner no. 2 in which the informant of the present case namely Birju Paswan and his family members are co-accused. After institution of the case of this petitioner the informant has lodged the present case. It has been further submitted that in the aforesaid occurrence, family members of the informant sustained simple injury. The petitioners have clean antecedent and so they deserve anticipatory bail. The learned Additional Public Prosecutor on the other hand, opposed the submission.

Considering the case and counter case between the parties for land dispute and also the fact that the injured sustained lacerated injury which is said to be simple in nature, the prayer for bail is allowed and the above named petitioners in the event of arrest or surrender before the learned court below within six weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the

Patna High Court Cr.Misc. No.3491 of 2018 (2) dt.05-02-2018 3/3 like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Aurangabad in connection with Obra Police Station Case No. 149 of 2017, subject to conditions as laid down under section 438(2) Cr.P.C.

(Sanjay Kumar, J) Mahesh/- U T