Manoj Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51706 of 2018 Arising Out of PS. Case No.-63 Year-2016 Thana- SANJHOLI District- Rohtas ======================================================

1. Manoj Paswan, S/o Bishwanath Paswan @ Bishwanath Ram, R/o Vill. + P.S.- Sanjhauli, District- Rohtas.

2. Bhuwali Paswan S/o Baban Paswan, R/o Vill.- Bhulukawa, P.S.- Piro, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Upadhyay For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2018 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, 341, 323, 324, 326, 307, 447, 448, 504 and 506 of the Indian Penal Code. The prosecution case, in short, is that while the husband of the informant was digging the land in front of his house, the accused persons, variously armed, came and assaulted him due to which he sustained injuries. 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

Patna High Court Cr.Misc. No.51706 of 2018(3) dt.14-12-2018 2/2 present case. The injury is said to be on non-vital part of the body. Hence, no offence under Section 307 IPC is made out. Due to political reason, the petitioners have been made accused in the present case..

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 Sub-Judge-1cum- A.C.J.M., Bikramganj, Rohtas in connection with Sanjhauli P.S. Case No. 63 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T