Manik Chand Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41410 of 2022 Arising Out of PS. Case No.-165 Year-2022 Thana- JOKIHAT District- Araria ====================================================== MANIK CHAND SAH Son of Late Shubh Lal Sah Resident of Village - Hardar Tola Gopalpur, Ward No. 2, P.S.- Jokihat, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.H.A. Khan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 323, 307, 324, 354 B, 379, 504/34 of I.P.C.

Allegedly, the accused persons named in F.I.R. including the petitioner surrounded the informant and assaulted him. Petitioner is said to have given farsa blow to the Sanoj Sah and Ramesh Sah. He also snatched Rs. 80,000/- from the pocket of Sanoj Sah.

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 due to previous enmity. This case is a counter blast of Jokihat P.S. Case No. 159/2022 lodged by

Patna High Court CR. MISC. No.41410 of 2022(2) dt.28-11-2022 2/2 the petitioner against the informant of this case. It is further submitted that alleged occurrence took place on 29.03.2022 but the informant lodged this case on 02.04.2022 without explaining the reasons for delay. Though the allegation against petitioner is of assaulting the informant by means of farsa but as per the injury report, all the injuries are simple in nature, which is also clear from the impugned order. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since all the injuries are simple in nature, 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 Jokihat P.S. Case No.165 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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