Manoj Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54878 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- PARASBIGHA District- Jehanabad ====================================================== Manoj Das, aged about 30 years (M), Son Of Late Bilas Das @ Late Ram Bilas Das, resident of village - Kalupur, P.S. Parasbigha District Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-11-2023 Heard Mr. Paras Nath, learned counsel appearing on behalf of the petitioner and Mr. Upendra Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Parasbigha P.S. Case No. 192 of 2022 registered for the offence punishable under Sections 341, 323, 308 and 504/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, petitioner along with other accused persons had assaulted the informant and misbehaved with the wife and daughter-in-law of the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case due to enmity. He further
Patna High Court CR. MISC. No.54878 of 2023(3) dt.09-11-2023 2/3 refers to the injury report, which is on record along with the case diary that injury sustained by the informant is found to be simple in nature. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR, as well as, having perused the case diary and the injury report it appears that the injury sustained by the informant is simple in nature and the injury sustained by the wife of the, the opinion has been reserved. The learned District Court is directed to call for the final injury report of the wife of the informant, namely, Chinta Devi and if it is found that the doctor has opined that the injury sustained by the wife of the informant is not dangerous to the life, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four 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 learned Judicial Magistrate 1st Class, Jehanabad, in connection with Parasbigha P.S. Case No. 192 of 2022, subject to the condition as laid down under Section 438(2)
Patna High Court CR. MISC. No.54878 of 2023(3) dt.09-11-2023 3/3 of the Cr.P.C.
7. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T