Manoj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29582 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- GOVINDGANJ District- East Champaran ====================================================== Manoj Sah S/o Bhagwan Sah R/o Village- Sareya, P.S.- Govindganj, DistrictEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-08-2025 Heard the parties.
2. The petitioner is in custody in connection with Govindganj P.S. Case No. 21 of 2025 for the offence punishable under Sections 191 (2), 190, 126(2), 115(2), 74, 109, 303(2) and 352 of the BNS lodged on 17.01.2025 by the informant, Pramila Devi.
3. As per the prosecution story, the informant alleged that due to land dispute, the accused persons armed variously came to the place and firstly, abused/outraged her modesty and thereafter allegation is that Manoj Sah (petitioner herein) and Bhagwan Sah put towel around the neck of her husband and tried to strangulate him. Thereafter, allegation is that Naresh Sah assaulted behind the head of the informant's husband while Shambhu Sah assaulted him again on the head. Further
Patna High Court CR. MISC. No.29582 of 2025(3) dt.13-08-2025 2/3 allegation is of snatching of gold chain and certain amount by the other family members including the female members. This led to the FIR.
4. Learned counsel for the petitioner submits that there is case and counter-case, in any case, allegation of assault on the informant's husband is on Shambhu Sah and Naresh Sah, allegation against him and Bhagwan Sah is of putting a towel around his neck, no such injury is there, he is in custody since 18.01.2025 and if granted bail, shall be diligently appearing in trial.
5. Learned APP opposes the prayer for bail submitting that allegation of putting a towel around his neck is there.
6. Taking into account the submission of the parties as also the period of custody coupled with the fact that allegation of assault is on Naresh Sah and Shambhu Sah, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, 1st Motihari, East Champraran in connection with Govindganj P.S. Case No. 21 of 2025 subject to the following conditions: (i) one of the bailor should be the family
Patna High Court CR. MISC. No.29582 of 2025(3) dt.13-08-2025 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T