Manoj Prasad @ Manoj Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59706 of 2021 Arising Out of PS. Case No.-163 Year-2020 Thana- SARMERA District- Nalanda ====================================================== MANOJ PRASAD @ MANOJ PRASAD SINGH Son of Chhote Prasad, Resident of Village- Gopalabad, P.S.- Sarmera, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Sarmera P.S. Case No. 163 of 2020 registered for offence punishable under sections 147, 149, 323, 308, 188, 363, 186, 332, and 435 of the Indian Penal Code.
The informant is A.S.I. of Sarmera Police Station. As per allegation, an accident took place by a truck and two persons became badly injured. The persons of vicinity created road jam and also dismantled some vehicles. They also committed arson
Patna High Court CR. MISC. No.59706 of 2021(2) dt.12-07-2022 2/3 in the truck whereby the occurrence took place. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case, as the informant has mentioned that 50-60 accused persons had assembled at the place of occurrence, but he identified only one persons, i.e. the petitioner. The reason behind it is that the petitioner is owner of a petrol pump situated merely 500 metres from the place of occurrence and the informant had demanded petrol without paying money, which was denied by the petitioner and it was the reason that he has falsely been implicated in this case. He has also submitted that though there is allegation that 50-60 persons created road jam, but none had sustained any kind of injury.
Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Incharge Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Sarmera P.S. Case No. 163 of 2020, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the
Patna High Court CR. MISC. No.59706 of 2021(2) dt.12-07-2022 3/3 petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T