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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32827 of 2024 Arising Out of PS. Case No.-326 Year-2023 Thana- DURAULI District- Siwan ====================================================== Manoj Singh @ Manoj Kumar Singh Son of Om Prakash Singh @ Ram Prakash Singh Resident of Village - Mura Karamwar , P.S.- Darauli , District Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends his arrest in connection with Darauli P.S. Case No.326 of 2023 registered for the offence under Sections 147, 447, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

3.

The allegation against the petitioner along with other co-accused is to have assaulted and abused the informant by means of lathi, danda, rod, farsa, etc.

Patna High Court CR. MISC. No.32827 of 2024(2) dt.23-05-2024 2/3 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated with the present case. It is submitted that there is land dispute in between the parties. It is also submitted that petitioner is a man of clean antecedent.

5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner and submitted that the specific allegation as regard to assault by means of farsa to the informant is against this petitioner.

6.

In view of the submissions, as made above and nature of allegation and as specific allegation as regard to assaulted by Farsa upon the informant, namely, Rajkapur Singh is against this petitioner and as it appears from perusal of injury report as submitted on behalf of the petitioner that doctor found one incised wound on hand, size 5" X 1/2" deep to skull, this Court is not inclined to grant bail to the petitioner. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

However, learned trial court is directed to consider the prayer for bail of the petitioner without being prejudiced with this order and also consider the bail granted to similarly situated co-accused persons granted by learned

Patna High Court CR. MISC. No.32827 of 2024(2) dt.23-05-2024 3/3 Sessions Judge, if the petitioner shall surrender before the learned trial court within a period of 15 days from the date of receipt of a copy of this order.

(Ramesh Chand Malviya, J) S.Katyayan/- U T