Manoj Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27513 of 2020 Arising Out of PS. Case No.-361 Year-2019 Thana- MAHESI District- East Champaran ====================================================== MANOJ SAHANI S/o Ram Deyal Sahani Resident of Village-Kothiya Hariram Tola, Police Station-Maheshi, District-East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma,Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Maheshi P.S. Case No. 361 of 2019 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379/34 of the Indian Penal Code. As per allegation while the informant was on way he was encircled by the accused persons named in the FIR and accused Manoj Sahni gave iron rod blow on him causing fracture in both hands.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute. There is general and omnibus kind of allegations on the all the accused persons.

Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.27513 of 2020(3) dt.12-01-2021 2/2 anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, wherein there is specific allegation that this petitioner had assaulted the informant with iron rod and fractured both hands and the injury report available on the record is corroborating the allegations, this being an application for anticipatory bail, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner is, thus, refused.

In case the petitioner surrenders and prays for regular bail within a period of four weeks from today in the court below, his prayer for regular bail shall be considered on its own merit without being prejudiced by the present order of this Court. The application stands dismissed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.