Manoj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71365 of 2019 Arising Out of PS. Case No.-777 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== 1.
MANOJ PASWAN Son of Barmhu Paswan R/O- Sonel, P.S.- Khaira, District- Jamui 2.
Sanoj Paswan Son of Barmhu Pasa R/O- Sonel, P.S.- Khaira, District- Jamui 3.
Kishor Paswan Son of Barmhu Paswan R/O- Sonel, P.S.- Khaira, DistrictJamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Naranchi Devi Wife of Karu Yadav R/O- Sonel, P.S.- Khera, District- Jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 506, 384 and 451 of the Indian Penal Code.
Petitioners along with one another named accused intruding into the house of the complainant breaking open the door assaulted and slated her. Petitioner Sanoj Paswan assaulted on the head of Karu Yadav by means of butt of the pistol while co-accused Barhmu Paswan assaulted Gautam by means of rod. Petitioner Kishor Paswan demanded extortion of
Patna High Court CR. MISC. No.71365 of 2019(2) dt.18-12-2019 2/3 Rs.50,000/- and after taking Rs.25,000/- the accused persons left the scene resorting firing.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. As a matter of fact co-accused Barhmu Paswan lodged SC/ST P.S. Case No.46/2009 against the complainant and his family members and mother of the petitioners have lodged T.S. No.12 of 2005 against the complainant and others and due to aforesaid reason the complainant has lodged this case with altogether wrong and concocted allegation. No one sustained any injury in the occurrence. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.
Learned APP for the State opposed the bail petition.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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.1st Class, Jamui in connection with Complaint Case No.
Patna High Court CR. MISC. No.71365 of 2019(2) dt.18-12-2019 3/3 777(C)/2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) amit/- U T