Manoj Paswan @ Rajendra Paswan And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.13663 of 2015 (3) dt.02-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13663 of 2015 Arising Out of PS.Case No. -288 Year- 2014 Thana -FATEHPUR District- GAYA ======================================================

1. Manoj Paswan @ Rajendra Paswan S/o- Moti Paswan

2. Yogendra Paswan S/o Late Bigan Paswan Both all are residents of Village - Itadeeh, P.s- Fatehpur, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Fatehpur P.S. Case No. 288 of 2014 registered for the offences punishable under sections 341, 323, 504, 307 of the Indian Penal Code and section 27 of the Arms Act. It is contended that petitioners are being prosecuted in a false and frivolous case. A minor scuffle had taken place between the parties for which a case and a counter case were registered. There is no truth behind the allegation that the petitioners resorted to firing. The injury reports would demonstrate that only simple and superficial injuries were caused

Patna High Court Cr.Misc. No.13663 of 2015 (3) dt.02-09-2015 to the injured Pramod Manjhi and Triveni Manjhi. On the other hand, learned counsel for the State has submitted that though the injury of Triveni Manjhi was found to be simple, no final view regarding injury of Pramod Manjhi has been given by the doctor. The doctor has found one lacerated wound on right lower leg of Pramod Manjhi.

Regard being had to the facts and circumstances of the case and also the nature of injury sustained by the two injured, in the event of arrest or surrender before the court below within four weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 288 of 2014, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) sushma/- U