Patna High CourtCR. MISC./21568/2018rejected

Jitendra Paswan And ANR v. The State Of Bihar

2018-05-17Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.21568 of 2018 (3) dt.17-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21568 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Jitendra Paswan Son of Baban Paswan Resident of Village - Pipra, P.S. - Barun, District - Aurangabad.

2. Sitaram Paswan Son of Sidhari Paswan R/o Village - Pandit Bigha, P.S. - Barun, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranvijay Narain Singh For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-05-2018 Heard both sides.

The petitioners apprehend their arrest in Barun P.S. Case No.41 of 2018 registered under Sections 341, 323, 353, 504, 506 and 34 of the Indian Penal Code.

The Block Development Officer is the informant. The informant alleged that while his vehicle was parked by the side of the road, three persons came on a motorcycle and parked their motorcycle in front of his vehicle. Ashok Yadav, one of the accused persons abused the informant and said that without his order nobody can dare to park his vehicle by the side of the road. The accused persons made an attempt to assault the informant caused injury to the informant.

Patna High Court Cr.Misc. No.21568 of 2018 (3) dt.17-05-2018 The learned counsel for the petitioner submits that the occurrence took place on 24.02.2018 but the written petition was given on 26.02.2018. The F.I.R. was lodged on 01.03.2018 which is an afterthought. The informant was not acquainted with the petitioners but on enquiry, the names of the petitioners have been disclosed but from perusal of the F.I.R. as well as the case diary, I find that it is a sheer case of riotous. The petitioners threatened the Block Development Officer of dire consequences simply because his vehicle was parked by the side of the road. Taking into consideration the nature of allegation made against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Saurabh/- U T