Manu Singh @ Manu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13243 of 2024 Arising Out of PS. Case No.-473 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Manu Singh @ Manu Kumar Singh Son of Sakal Mahto Resident of VillageBirpur, P.S.- Shahpur, District- Bhojpur 2.

Yogendra Kumar @ Baldev @ Baldev Singh Son of Ramlal Singh @ Samhut Singh Resident of Village- Birpur, P.S.- Shahpur, District- Bhojpur 3.

Ramlal Singh @ Samhut Singh Son of Late Abhiraj Singh Resident of Village- Birpur, P.S.- Shahpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of Arms Act.

3. The learned counsel for the petitioners submits that the petitioners are a person with clean antecedent and have been falsely implicated in the present case by the informant with general, omnibus and ornamental allegation. It is next submitted that form perusal of the allegation as alleged in the F.I.R., it

Patna High Court CR. MISC. No.13243 of 2024(2) dt.18-03-2024 2/3 would manifest that specific allegation of firing is against Sakal Dayal Mahto. It is next submitted no doubt allegation of assault is also there but then the said allegation is not specific though the informant suffered grievous injury as his middle finger was fractured on account of assault. It is next submitted that had so many accused would have assaulted in the manner as alleged by the informant in that event, the informant would have suffered injury all over his body but then it appears that informant received grievous injury only on his middle finger and allegation of assault is not specific. It is also submitted at the cost of repetition that the petitioners are not criminals and on account of dispute relating to land, the present occurrence is alleged to have taken place with no specific allegation of assault against the petitioners.

4. Learned counsel appearing on behalf of the Opposite Party No.2 opposes the anticipatory bail application but are not in a position to rebut the submission of the learned counsel for the petitioner that there is no specific allegation of assault against the petitioners.

5. Consideration the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.13243 of 2024(2) dt.18-03-2024 3/3 withing a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Bhojpur at Ara, in connection with Shahpur P.S. Case No. 473 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The applications stands allowed.

(Satyavrat Verma, J) sanjeev/- U T