Patna High CourtCR. MISC./25149/2024bail rejected

Manoj Bhagat @ Manoj Kushwaha v. The State Of Bihar

2024-05-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25149 of 2024 Arising Out of PS. Case No.-45 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Manoj Bhagat @ Manoj Kushwaha son of Jagi Bhagat Village- Chakhni tola @ Chakhni Ps- Vijaipur Dist-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-05-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Vijaipur P.S. Case No. 45 of 2023 registered on 28.02.2023 for the offenses punishable under Sections 341, 323, 324, 307, 354B/34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against eight named accused persons including the present petitioner. It is alleged against the present petitioner that he has assaulted on the head of the informant with a kudal as a result of which he got injured.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. The antecedent of petitioner is clean. From the rejection order of

Patna High Court CR. MISC. No.25149 of 2024(2) dt.01-05-2024 2/2 the Sessions Court, it transpires that the injury caused on the head of the informant is simple in nature. In fact, in the background of land dispute, the present FIR has been lodged with false and frivolous allegation.

5. Learned APP for the State vehemently opposes the prayer for bail and submits that the allegation against the petitioner is specific that he has assaulted on the head of the informant.

6. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Vijaipur P.S. Case No. 45/2023, pending before the learned JM 1st Class, Gopalganj is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T