Manoj Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.38456 of 2015 (2) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38456 of 2015 Arising Out of PS.Case No. -102 Year- 2015 Thana -BARHARA District- BHOJPUR ======================================================

1. Manoj Singh Son of Upendra Singh resident of Village- Mohanpur Karja ,police Station Barhara, District Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2015 Heard Sri. Prabhu Narayan Sharma, learned senior counsel for the petitioner and learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Barhara P.S. Case No. 102 of 2015 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code.

The prosecution case is that the petitioner along with other co-accused persons assaulted the informant with knife, Dab and other weapons and made attempt on the life of the informant. The alleged occurrence took place as the informant has already lodged a case vide Ara Town P.S. Case No. 417 of 2014 against the accused persons and they have been pressurizing the informant to compromise the matter.

It has been submitted by the learned counsel for the petitioner that there is previous enmity between the petitioner and

Patna High Court Cr.Misc. No.38456 of 2015 (2) dt.21-09-2015 the informant for which the petitioner has lodged Barhara P.S. Case No. 03 of 2015, dated 02.01.2015 under Sections 147, 148, 149, 323, 325, 307, 379, 504/34 of the Indian Penal Code Barhara P.S. Case No. 85 of 2015 and Town P.S. Case No. 349 of 2013 and the present F.I.R. has been lodged as an afterthought. It has further been alleged that the petitioner has been troubled and threatened by the prosecution party for which a false case bearing No. 3584 of 2010 has been lodged in the Court of Chief Judicial Magistrate, Ara against the petitioner.

Under such circumstances, let the petitioner namely Manoj Singh in the event of his arrest or surrender within a period of four weeks from today before the court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ara, Bhojpur in connection with Barhara P.S. Case No. 102 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Nilu Agrawal, J) sushma/- U