Mantu Paswan @ Mantu Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35194 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- RASULPUR District- Saran ====================================================== Mantu Paswan @ Mantu Kumar Paswan Son of Late Jangbahadur Paswan Resident of Village - Ashahani, P.S.- Rasulpur, Dist. - Saran at Chapra ... ... Petitioner/s

Versus

1. The State of Bihar

2. Anil Paswan, S/o Late Bir Bahadur Paswan, Resident of Village - Ashahani, P.S. Rasulpur, District-Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Rasulpur P.S. Case No. 92 of 2018, registered under Sections 341, 323, 379, 307 and 34 of the Indian Penal Code. The allegation against the petitioner is that the petitioner assaulted the informant by means of Farsa on his head while the informant was getting his land measured through an Amin.

Learned counsel for the petitioner submits that both the parties are co-sharers and there is case and counter case between the parties, inasmuch as Rasulpur P.S. Case No. 93 of 2018 has been lodged by Pintu Paswan. He further submits that

Patna High Court CR. MISC. No.35194 of 2019(7) dt.17-09-2019 2/2 from perusal of Annexure-2, which is injury report of the informant, all the injuries caused to the informant have been found simple in nature.

After having heard learned counsel for the parties and taking into consideration the fact that both the parties are cosharers, there is case and counter case and injuries caused to the informant is simple in nature I am inclined to grant anticipatory bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate10th, Saran at Chapra in connection with Rasulpur P.S. Case No. 92 of 2018; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Katyayan/- U T