Hansraj Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63235 of 2018 Arising Out of PS. Case No.-181 Year-2018 Thana- ALOULI District- Khagaria ======================================================

1. Hansraj Paswan S/o Satyendra Paswan,

2. Arun Paswan, S/o Satyendra Paswan, Resident of Village- Parari, P.S. Alauli, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Alauli P.S. Case no. 181 of 2018 registered under Sections 341, 323, 307, 385, 379, 504/34 of the Indian Penal Code. Petitioners along with 3-4 accused persons are said to have descended at the house of the informant and petitioner no. 1 Hansraj Paswan pointing three-naught on the head of the informant demanded extortion money of Rs. 50,000/- and on his failure, petitioner no. 2 Arun Paswan assaulted on his head by means of Khanti inflicting bleeding injury to him. He also assaulted Kunti Devi by means of fists and slap. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place.

Patna High Court Cr.Misc. No.63235 of 2018(2) dt.18-12-2018 2/2 As a matter of fact, the petitioner no. 1 Hansraj Pawan has filed Alauli P. S. Case no. 180 of 2018 against the informant and others in order to save his skin from the said case, the informant has filed this false and frivolous case against the petitioners. The petitioners had sustained injuries at the hand of the prosecution party in the Alauli P. S. Case no. 180 of 2018. The informant sustained single injury on his head which is simple in nature.

On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, 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, Khagaria in connection with Alauli P.S. Case no. 181 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T