Manoj Rai @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40848 of 2021 Arising Out of PS. Case No.-4417 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MANOJ RAI @ MANOJ KUMAR Son of Late Ramdeo Rai Resident of Village- Atwarpur, P.S.- Parsa Bazar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mamta Devi Wife of Late Yamuna Pathak Resident of Village- Panditpur, P.S.- Sakurabad, District- Jehanabad, at present residing at Village New Atwarpur (Tenant of Ravi Kant Pandey), P.S.- Parsa Bazar, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul, Advocate Mrs. Usha Kumari Singh, Advocate For the State :

Mr. Raj Ballabh Singh, APP For the O.P. No.2 : Mr. Kumar Binode Bariar, Advocate Mr. Ranjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 379, 384 & 504/34 of the Indian Penal Code.

The allegation against the petitioner is of

Patna High Court CR. MISC. No.40848 of 2021(5) dt.14-11-2022 2/3 demanding Rangdari and theft.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. As a matter of fact, north of the land of the complainant there is land of the petitioner and there is dispute with regard to measurement. It is further submitted that the alleged occurrence took place in the month of April, 2019 but the present complaint has been filed on 04.10.2019. There is inordinate and abnormal delay of about six months in filing the complaint petition without assigning any plausible and convincing reason for the said delay.

Petitioner has no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case as well as the fact that the dispute is civil in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.40848 of 2021(5) dt.14-11-2022 3/3 below where the case is pending/successor Court in connection with Complaint Case No. 4417 (C) of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T