Suresh Pal @ Suresh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35373 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- THAWE District- Gopalganj ====================================================== Suresh Pal @ Suresh Manjhi Son of Dharmdeo Pal Resident of Village- Lohr Patti, P.S- Thawe, Dist- Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anjani Parashar, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Thawe P.S. Case No. 332 of 2023 dated 14.11.2023, instituted for the offence punishable under Sections 341, 323, 324, 326, 504 and 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that elder brother of the informant, namely, Suresh Pal demanded Rs. 20,000/- from the informant. When the informant denied to give the money, thereupon, the petitioner along with other accused persons assaulted him. The petitioner is alleged to have inflicted rod blow on the head of the informant and informant's daughter also gave lathi blow on his shoulder causing bleeding and thereafter, all the accused persons fled away.
Patna High Court CR. MISC. No.35373 of 2024(3) dt.19-07-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner and the informant is full brother and there is land dispute between the parties. It is submitted that date of occurrence is 13.1.2023 at 8:00 pm but the matter was reported to police on 14.11.2023 at 14:35 pm. There is delay in filing the case. It is submitted that the injury report of Rabindra Pal reveals that there is no grievous injury. The doctor has examined him and opined that injury is simple in nature caused by hard and blunt substance. The doctor has also mentioned that X-ray of Skull AP/Lat has not been submitted till date. Lastly, it has been submitted that he has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Thawe P.S. Case No. 332 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.35373 of 2024(3) dt.19-07-2024 3/3 C.J.M., Gopalganj, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T