Manjeet Kumar @ Manjeet Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60566 of 2025 Arising Out of PS. Case No.-537 Year-2023 Thana- FATUA District- Patna ====================================================== 1.
Manjeet Kumar @ Manjeet Paswan S/O Suresh Paswan R/O VillageMaksudpur, P.S.- Fatuha, District- Patna 2.
Anjeet Paswan @ Ajit Kumar S/O Suresh Paswan R/O Village- Maksudpur, P.S.- Fatuha, District- Patna 3.
Sonu Kumar S/O Suresh Paswan R/O Village- Maksudpur, P.S.- Fatuha, District- Patna 4.
Sanni Kumar S/O Shankar Paswan R/O Village- Maksudpur, P.S.- Fatuha, District- Patna 5.
Ritesh Kumar @ Doma S/O Bhagwan Paswan R/O Village- Maksudpur, P.S.- Fatuha, District- Patna ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harish Kumar For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Fatuha P.S. Case No. 537 of 2023 registered for the offences punishable under Sections 323, 341, 307, 379, 504, 506, 34 of the IPC and Section 27 of the Arms Act.
3. As per prosecution case, petitioners and other armed with pistol, lathi and danda came to the house of the informant and have broken the door of the informant and
Patna High Court CR. MISC. No.60566 of 2025(2) dt.08-09-2025 2/3 assaulted the family members of the informant. It is further alleged that when same was protested co-accused Nitish Kumar and petitioner no.1 is said to have fired from pistol and fortunately informant was saved. It is alleged that co-accused Nitish Kumar has taken out Rs.2,000/- from informant's pocket and snatched one gold chain from neck.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. There is no specific allegation against any of the petitioners rather the same is general and omnibus in nature. Though, there is allegation of firing against co-accused Nitish and petitioner no. 1 but it is orally submitted by learned counsel that there was no firing material recovered from the place of the occurrence. In the light of aforesaid facts and circumstances of the case, no offence under Section 307 of IPC is made out. Learned counsel submits that, though, there is allegation against ten accused persons and ten unidentified person but the injury sustained by informant are visible abrasion in left side of nostrils, bruise in left leg below knee and body ache and also injury sustained by the informant is simple in nature caused by hard and blunt object. Apart from that, petitioners bear no
Patna High Court CR. MISC. No.60566 of 2025(2) dt.08-09-2025 3/3 criminal antecedent.
5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners and submits that there is allegation narrated in the FIR against the petitioners and petitioners cannot escape from the liability of the allegation made in the FIR.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, there is no specific allegation any of the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 J.M.F.C, Patna City, in connection with Fatuha P.S. Case No. 537 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U T