Manish Paswan @ Chhatrabali Paswan @ Chhatrpati Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39378 of 2020 Arising Out of PS. Case No.-115 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== MANISH PASWAN @ CHHATRABALI PASWAN @ CHHATRPATI PASWAN SON OF CHANDRIKA PASWAN RESIDENT OF VILLAGENAGWAN, P.S-FATEHPUR, DISTRICT-GAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-10-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard Sri Ajay Kumar Sinha, learned counsel for the petitioner and learned counsel for the State. Petitioner seeks anticipatory bail in Fatehpur P.S. Case no. 115 of 2020 registered for the offence punishable under sections 147, 148, 149, 323, 307, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is person of clean antecedent and from perusal of the allegation as alleged in the FIR, it would manifest that dispute arose on account of installation of hand pump and wash room of

Patna High Court CR. MISC. No.39378 of 2020(2) dt.22-10-2021 2/2 the public road by the petitioner and others which was being objected by the informant. Learned counsel for the petitioner further submits that allegation as alleged in the FIR is seen that there was brutal assault by the petitioner and others. Learned counsel for the petitioner draws the attention of this court to Annexure 2 of the anticipatory bail application and submits that from perusal of the nature of the injury, it would manifest that same does not get corroborated with the allegation as alleged in the FIR. The injuries are simple in nature and as such no case under section 307 IPC is made out.

Learned APP opposed the prayer for anticipatory bail. Considering the facts and circumstances of the case, this anticipatory bail application is allowed. In the event of arrest/surrender within ten weeks from today, the petitioners are directed to be released on anticipatory bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate X, Gaya in Fatehpur P.S. Case no. 115 of 2020 subject to the condition under section 438(2) Cr.P.C. (Satyavrat Verma, J) s.hassan/- U T