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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39975 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- NATWAR District- Rohtas ====================================================== 1.

MANOJ KUMAR @ MANOJ SINGH @ MANOJ KUMAR SINGH SON OF RAM PRASAD SINGH VILLAGE NATWAR KHURD PS NATWAR, DISTRICT- ROHTAS 2.

DHANOJ KUMAR SINGH @ DHANOJ SINGH SON OF RAM PRASAD SINGH VILLAGE NATWAR KHURD PS NATWAR, DISTRICTROHTAS ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Upadhyay, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354 (B), 379, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegedly, after some altercation, all the accused persons including the petitioners abused the informant and when her husband protested, they assaulted him by deadly weapons. On raising alarm, when the informant's son came there to save him, petitioner no.1 assaulted him on his head by means of garasa, whereas petitioner no.2 assaulted him with spade due to

Patna High Court CR. MISC. No.39975 of 2023(2) dt.08-08-2023 2/3 which he sustained injuries. In the meantime, co-accused Dukhi Singh @ Kamalakant Singh made fire from country made pistol.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The present case is nothing but a counter blast of Natwar P.S. Case No. 01 of 2023 filed by wife of petitioner no.1 against the husband of the informant. The injuries sustained by the victims were found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the injuries sustained by the victims were found simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.39975 of 2023(2) dt.08-08-2023 3/3 the learned lower Court where the case is pending/successor Court in connection with Natwar P.S. Case No. 03 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T