Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40338 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- KARPI District- Jehanabad ====================================================== 1.

MANOJ KUMAR S/o Late Upendra Sharma R/o village-Shivnagar, P.S.- Karpi, District-Arwal.

2.

RAMSIDH SHARMA @ SIDHNATH SINGH S/o Bachchu Singh R/o village-Shivnagar, P.S.-Karpi, District-Arwal. ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 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 147, 148, 149, 341, 323 and 308 of the Indian Penal Code.

3. While the informant was irrigating his field, the petitioners in association of other co-accused armed with lathi, rod, khanti and country made pistol are said to have reached there and assaulted the informant and his family members.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to

Patna High Court CR. MISC. No.40338 of 2023(2) dt.04-08-2023 2/2 enmity and land dispute. Both the parties are next door neighbours and on the row of irrigation of field the aforesaid occurrence took place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. 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 also the fact that the allegation against the petitioners is general and omnibus 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 the learned lower Court where the case is pending/successor Court in connection with Karpi P.S. Case No.27 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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