Manoj Singh @ Manoj Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64124 of 2018 Arising Out of PS. Case No.-83 Year-2017 Thana- BARUN District- Aurangabad ======================================================

1. Manoj Singh @ Manoj Kumar, Son of Satyendra Singh,

2. Satyendra Singh @ Satyenra Singh, Son of Subedar Singh

3. Vijay Singh @ Vinay Kumar, Son of Upendra Singh. All resident of Village Dighi, P.S.- Barun District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar For the Opposite Party/s :

Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Barun P.S. Case No. 83 of 2017 dated 19.05.2017 instituted for the offences under Sections 323, 307, 366 and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioner has submitted that initially a complaint was filed which gave rise to the FIR. It has been alleged in the FIR that while the informant/Ashok Singh was carrying construction material on his tractor, petitioners and one Yogendra Singh came and tried to stop him. Co-accused Yogendra Singh is alleged to have assaulted the

Patna High Court Cr.Misc. No.64124 of 2018(2) dt.14-12-2018 2/2 informant by means of a hard and blunt substance on his head. The driver of the tractor also was assaulted and he was abducted too. The police, on investigation found the case to be false and therefore submitted a report accordingly under Section 173 Cr.P.C. The learned court below, differing with the police report has taken cognizance against the petitioners under Sections 323 and 366 of the Indian Penal Code.

The petitioners were earlier made accused in one case in which they are on bail.

Considering the aforesaid facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 83 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T