Patna High CourtCR. MISC./61034/2017disposed

Jawahar Paswan And ORS v. State Of Bihar And ANR

2018-02-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61034 of 2017 Arising Out of PS.Case No. -350 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Jawahar Paswan son of Late Ram Swarup Paswan.

2. Sonu Paswan @ Sonu Kumar @ Sanni Kumar.

3. Monu Paswan @ Manni Kumar Paswan.

4. Tonu Paswan @ Toni Kumar @ Tonu Kumar, Petitioner Nos. 2 to 4 are son of Jawahar Paswan, all resident of village- Fulaut, Ward No. 8, Police Station Chausa O.P. Fulaut, District Madhepura. .... .... Petitioner/s

Versus

1. State of Bihar

2. Pundeo Mahto son of Late Jamu Mahto, village Falaut, P.S. Chausa, District Madhepura.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2018 Heard the learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Complaint Case No. 50 of 2015 registered for the offences punishable under Sections 147, 148, 149, 384, 354A, 380 and 504 of the Indian Penal Code.

The allegation against the petitioners is demanding extortion money from the informant and on account of non-fulfillment of the same, the petitioners herein are said to have assaulted the informant as well as his wife.

The learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.61034 of 2017 (3) dt.19-02-2018 2/2 petitioner no.1 is Chowkidar of the village and being a government servant, it is not believable that he would engage in such a petty offence. It is further submitted that the present complaint petition has been filed after about a month of the alleged incident, hence the entire story is cooked up story. The petitioners are said to have a clean antecedent. Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the provisional bail already granted to the petitioners herein by an order dated 22.12.2017 passed by this Court is confirmed. The petition is disposed of.

(Mohit Kumar Shah, J) BTiwary/- U T