Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40892 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Manoj Kumar Singh S/o Shivchandra Singh R/o Village- Nikaspur, P.S. Tajpur, Distt.- Samastipur.
... ... Petitioner
Versus
The State Of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Raja Ram Mishra, Advocate For the Opposite Party/s :
Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Tajpur P.S. Case No.- 134 of 2023 registered for the offences punishable under Sections 341, 323, 324, 307, 337, 379, 504 and 34 of the Indian Penal Code. He has got no criminal antecedent.
3. Learned counsel for the petitioner submits that on 08.03.2023 on the occasion of Holi when the informant went to mediate between the brothers of the petitioner, the petitioner assaulted the informant with a piece of brick which resulted in a head injury. Further one Saroj Kumar Singh assaulted the brother of the informant and the petitioner snatched Rs. 2,500/- from his pocket and Rs. 2,000/- from the father of the informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.40892 of 2023(2) dt.28-07-2023 2/3 petitioner is innocent and has been falsely implicated in this case. It is submitted that no grievous injury has been caused to the informant.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the fact that there is a case and counter case between the parties, the petitioner is said to have assaulted the informant with a piece of brick and the injury is said to be simple in nature, the parties are co-villagers, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named shall be enlarged on bail in connection with Tajpur P.S. Case No.- 134 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Samastipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.40892 of 2023(2) dt.28-07-2023 3/3 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) tusharika/- U T