Manoj Saw @ Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37736 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- GORAUL District- Vaishali ====================================================== 1.

Manoj Saw @ Manoj Sah Son Of Baldev Saw @ Baldeo Sah Resident Of Village- Sehan, Ps- Goraul, (Katahara O.P.), Distt- Vaishali 2.

Rajesh Saw @ Rajesh Sah Son Of Baldev Saw @ Baldeo Sah Resident Of Village- Sehan, Ps- Goraul, (Katahara O.P.), Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners seek regular bail in connection with Goraul (Katahara O.P.) P.S. Case No. 21 of 2023 registered for the offence under Sections 341, 323, 325, 307, 379, 504, 506, 302/34 of the Indian Penal Code.

3. As per prosecution case, the accused persons including the petitioners are alleged to have assaulted to the informant's son as a result of which he succumbed to injuries. Accordingly, the present FIR.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.37736 of 2023(3) dt.08-08-2023 2/2 have falsely been implicated in this case. From perusal of FIR along with case diary, it appears that no specific overt-act attributed to the petitioners rather general and omnibus allegations of assaulting leveled against them. No one is eye witnesses of the alleged occurrence. Both the petitioners have got no criminal antecedent as stated in para-3 of the bail petition. Moreover, they are languishing in judicial custody since 18.1.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Goraul (Katahara O.P) P.S. Case No. 21 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T