Manoj Kumar @ Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53285 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- SIRDALA District- Nawada ====================================================== Manoj Kumar @ Jitendra Kumar S/O Late Rameshwar Prasad Residents Of Village- Barsot, Police Station- Sirdala, District- Nawada ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.Zainul Abedin For the Informant Mr. Sanjeev Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 324, 308, 504, 341, 506/34 of the Indian Penal Code.
3. Petitioner is said to have assaulted the informant by means of Gadasa causing injury on his head.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is simple in nature. He submits that both parties are Gotia and due to partition dispute, this case has been lodged. He further submits that petitioner has one criminal antecedent as stated in para-3 of
Patna High Court CR. MISC. No.53285 of 2023(3) dt.14-09-2023 2/2 the bail application.
5. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submit that though the injury found upon the victim is simple in nature but it is dangerous for life. Learned counsel for the informant further submits that the petitioner always threatens the informant to withdraw Nawada Complaint Case No. 367 of 2022.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Sirdala P.S. Case No. 60 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T