Manoj Sah @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.367 of 2015 Arising Out of PS.Case No. -29 Year- 2013 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manoj Sah @ Manoj Kumar Son of Kanhaiya Lal Sah @ Kanhai Sah Resident of Village-Jatwaliya, P.S-Kundwa Chainpur, District-East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-01-2015 Heard both sides.
The petitioner Manoj Sah @ Manoj Kumar seeks bail in Kundwa Chainpur P.S. Case No. 29 of 2013, registered for the offences punishable under Sections 341, 323, 379, 307, 504 and 34 of the Indian Penal Code.
The informant Dhanpat Sah made allegation that Kanhai Sah, Manoj Sah @ Manoj Kumar (the petitioner), Santosh Sah and Ram Saheli Devi having armed with different weapons came and began to assault. Nagendra Sah came to rescue, but on the order of Kanhai Sah, Santosh Sah assaulted him with iron rod. The petitioner is alleged to have taken out Rs. 5000/- from the pocket of the brother of the informant.
Patna High Court Cr.Misc. No.367 of 2015 (2) dt.08-01-2015 Learned counsel for the petitioner submits that there is no allegation of assault against the petitioner. On the other hand learned counsel for the informant vehemently opposed the prayer for bail and submitted that the petitioner and others have forcibly occupied his land. Be that as it may, there is no allegation of assault against the petitioner he is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sikrahana, East Champaran at Motihari in connection with Kundwa Chainpur P.S. Case No. 29 of 2013.
(Prabhat Kumar Jha, J.) KKSINHA/- U T