Vishwanath Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69219 of 2018 Arising Out of PS. Case No.-310 Year-2017 Thana- BIDUPUR District- Vaishali ======================================================

1. Vishwanath Paswan Son of Late Yogi Paswan

2. Raju Paswan Son of Vishwanath Paswan

3. Nanhak Paswan Son of Vishwanath Paswan All Resident of Village-Sahdullahpur Chakfarid,P.S. Bidupur,Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 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, 447, 341, 323, 325, 307, 354, 504, 427 and 506 of the Indian Penal Code. The prosecution case, in short, is that when the informant demanded money from the accused persons, they started assaulting him due to which he sustained injury. 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 falsely been implicated in the present case. There is a case and counter case between the

Patna High Court Cr.Misc. No.69219 of 2018(3) dt.05-12-2018 2/2 parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. 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 A.C.J.M. XIV, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 310/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T