Manilal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42022 of 2024 Arising Out of PS. Case No.-490 Year-2023 Thana- SANICHARI District- West Champaran ====================================================== 1.

Manilal Paswan S/O Late Ramawatar Paswan R/O village-Bahuarwa, P.S. Sanichari(Yogapatti), Distt-West Champaran 2.

Anirudh Paswan @ Anirud Paswan S/O Late Balchan Paswan R/O villageBahuarwa, P.S. Sanichari(Yogapatti), Distt-West Champaran 3.

Mukesh Kumar @ Mukesh Paswan S/O Rameshwar Paswan R/O villageBahuarwa, P.S. Sanichari(Yogapatti), Distt-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Sarvesh Kashyap, Advocate For the State :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners, assaulted the informant and others and also snatched cash of Rs. 25,000/- and gold chain from the informant.

4. It is submitted by learned counsel appearing on behalf of the petitioner that on account of land dispute between

Patna High Court CR. MISC. No.42022 of 2024(2) dt.18-07-2024 2/2 the parties, a free fight took place between them in which both sides sustained injuries. There is case and counter-case between the parties. Moreover, the injuries allegedly caused by these petitioners have been opined to be simple in nature.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, case and counter-case between the parties and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Yogapatti (Sanichari) P.S. Case No. 490 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T