Sanjay Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22129 of 2018 Arising Out of PS.Case No. -578 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Sanjay Paswan, son of Bigan Paswan

2. Bhola Sah, son of Late Yamuna Sah Both are resident of village-Pusauli, P.S.-Mohania, District-Kaimur (Bhabua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate For the State : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Mohania P.S. Case No.578 of 2017 registered under Sections 386 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that on account of land dispute between the informant and the husband of co-accused Sumitra Devi, namely, Ram Nagina Shah, the instant FIR has been instituted. There is no truth behind the allegation of extortion on the part of the petitioners. The entire attempt of the informant is to somehow or the other deter the husband of co-accused Sumitra Devi from raising his genuine

Patna High Court Cr.Misc. No.22129 of 2018 (2) dt.26-04-2018 2/2 claim before the court in respect of the property in dispute. On the other hand, earned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners. Having regard to the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail 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, Kaimur at Bhabua in connection with Mohania P.S. Case No. 578 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T