Manish Kumar @ Manu Sah @ Manish Sah, v. The State Of Bihar,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33048 of 2020 Arising Out of PS. Case No.-110 Year-2020 Thana- NOKHA District- Rohtas ====================================================== 1.
Manish Kumar @ Manu Sah @ Manish Sah, aged about 25 years, male, son of Kowater Sah.
2.
Santosh Sah @ Santosh Kumar Sah, aged about 25 years, male, son of Bhanu Sah.
3.
Sonu Sah @ Sonu Kumar Sah, aged about 28 years, male, son of Kowatar Sah.
4.
Bhagwan Sah @ Bholi Sah, aged about 35 years, male, son of Saryu Sah. 5.
Sanjay Sah, aged about 35 years, male, Son of Dinanath Sah. All are resident of Village - Muzrarh, P.S. - Nokha (Dharmpura O.P.), District - Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babu Nandan Prasad, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-03-2021 Heard Mr. Babu Nandan Prasad, learned Advocate for the petitioners and Mr. Shailendra Kumar, learned APP for the State.
The petitioners seek bail in anticipation of their
Patna High Court CR. MISC. No.33048 of 2020(2) dt.09-03-2021 2/3 arrest in connection with Nokha (Dharampura O.P.) P.S. Case No. 110 of 2020, dated 12.06.2020, instituted for the offences under Sections 341, 323, 324, 325, 307, 379, 594 and 506/34 of the Indian Penal Code.
The accusation in the F.I.R. against the petitioners is of having assaulted the informant and his nephews, leading to injuries on their person.
Learned counsel for the petitioners has submitted that an absolutely false case has been instituted against them. The informant and the other so-called victims of this case got themselves examined in the Primary Health Centre, Nokha on 11.06.2020 but the F.I.R. has been registered on 12.06.2020. This, it has been urged, creates suspicion with respect to the correctness of the version in the F.I.R. Apart from this, it has been stated that though the injury report has been provided by the Doctor with the dimensions of such injuries, but the fact remains that the injuries are simple in nature. There is a counter version of the occurrence and even though persons from the side of the petitioners have been left injured, that fact has not been taken into account
Patna High Court CR. MISC. No.33048 of 2020(2) dt.09-03-2021 3/3 by the police authorities. Apart from this, it has also been submitted that there is no reason assigned in the F.I.R. for the occurrence.
Regard being had to the facts afore-stated and taking into account the clean antecedents of the petitioners, they, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Sasaram, Rohtas in connection with Nokha (Dharampura O.P.) P.S. Case No. 110 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J) Praveen-II/- U T