Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20715 of 2022 Arising Out of PS. Case No.-343 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Manoj Singh Son of Late Ramadhar Singh Resident of Village- Jamala, Police Station- Muffasil, District- East Champaran. 2.

Pramod Singh Son of Late Ramadhar Singh Resident of Village- Jamala, Police Station- Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Informant : Mr. Abhishek Kumar Ms. Rashmi Jha Mr. Sarad Kumar Verma For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Muffasil P.S. Case No. 343 of 2021, registered for the offences punishable under Section 379 and other allied sections of the Indian Penal Code.

As per the FIR, allegation against petitioners is that they used to cut soil from the agricultural land of the informant. It is submitted that due to land dispute between the parties, petitioners have been falsely implicated in this case. Allegation is general and omnibus. As a matter of fact, land of

Patna High Court CR. MISC. No.20715 of 2022(2) dt.05-09-2022 2/2 the informant situated at the village of petitioner at abandoned condition and is not being ploughed since long year, therefore, no case under Sections 379, 384 and 385 of the Indian Penal Code is made out.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Muffasil P.S. Case No. 343 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T