Maksudan Paswan @ Masudan Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75775 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- NALANDA District- Nalanda ======================================================

1. Maksudan Paswan @ Masudan Paswan, Son of Late Binda Paswan, null

2. Rajeev Kumar, Son of Maksudan Paswan @ Masudan Paswan, Both resident of Village- Nona Chatarpar, Surajpur, P.S.- Nalanda, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in brief, is that in the backdrop of grazing cattle, dispute arose and accused persons attacked the informant and his nephews.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the

Patna High Court Cr.Misc. No.75775 of 2018(2) dt.18-12-2018 2/2 present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties due to petty reason. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. The other co-accused persons with similar allegation have been granted anticipatory bail by this court vide order dated 06-12-2018 passed in Cr. Misc. No. 71872 of 2018.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, 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 learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Nalanda P.S. Case No. 70 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T