Surajbhan @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38285 of 2023 Arising Out of PS. Case No.-378 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== SURAJBHAN @ MANISH KUMAR S/O KARU SINGH @ RAKESH KUMAR R/O Village- Parasi, PS. Noorsarai, Dist. Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 307/34 of the IPC and 27 of the Arms Act.

3.

Allegedly, the petitioner is said to have pointed pistol on the head of the informant and caught his neck by Gamachhi and snatched gold chain from his neck and mobile phone. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that no person sustained any

Patna High Court CR. MISC. No.38285 of 2023(2) dt.01-08-2023 2/2 injury in the alleged occurrence. There is an admitted land dispute between the parties and there is general and omnibus allegation against all the accused persons of resorting to firing. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, no person sustained any injury, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Noorsarai P.S. Case No.378 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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