Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11345 of 2023 Arising Out of PS. Case No.-323 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== 1.

MANOJ KUMAR SINGH Son of Late Krishna Ballabh Singh R/vRajeshwari (West), Ward No. 10, P.S.- Chhatapur, District- Supaul 2.

MANOJ YADAV Son of Vidyanand Yadav R/v-Tintangi, PanchyatRajeshwari (East), Ward No. 13, P.S.- Chhatapur, District- Supaul ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 324 & 307 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against petitioner no.1 is that he assaulted the mother of the informant but means of butt of the pistol whereas petitioner no.2 has assaulted the grandsons of the informant.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is

Patna High Court CR. MISC. No.11345 of 2023(2) dt.10-05-2023 2/2 not specific rather general and omnibus in nature. There is delay of three days in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay. It is further submitted that petitioner no.1 and his brother had filed T.S. No.6 of 2022 against the informant and his family members and after getting knowledge of the said Title Suit, the informant has planted and filed this false and frivolous case against them. Petitioner no.1 has no criminal antecedent and Petitioner no.2 has one criminal antecedent as mentioned in para-3 of this application.

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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chhatapur (Rajeshwari O.P.) P.S. Case No.323 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T