Manish Ram @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58557 of 2023 Arising Out of PS. Case No.-82 Year-2022 Thana- TARARI District- Bhojpur ====================================================== Manish Ram @ Manish Kumar, S/O Late Shree Ram @ Shree Ram Ram Resident Of Village- Jethwar, P.S- Tarari, District- Bhojpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :
Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2023 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Tarari P.S. Case No.82/2022 registered on 23.04.2022 for the offences punishable under Sections 323, 341, 307, 354/34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against 5 named accused persons, including the petitioner who attacked the informant and others with lathi and arms. It is specifically alleged against the petitioner that he attacked Dev Muni Ram and tried to tear the cloth of the informant and also molested the informant.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He
Patna High Court CR. MISC. No.58557 of 2023(2) dt.20-09-2023 2/3 further submits that for the same date, place, and time of occurrence, two FIRs have been lodged. The first FIR has been lodged on behalf of the petitioner's side being Tarari P.S. Case No. 81 of 2022 (Annexure-2) in which the informant's side was made accused and the present petitioner is alleged to be injured whereas the counter-case has been filed by the informant being Tarari P.S. Case No. 82 of 2022. Learned counsel further submits that both the parties, the informant and the petitioner belong to the same village and they are well known to each other. He also submits that the present case is the result of political rivalry which ultimately resulted in the filing of this case. He further submits that the other co-accused, namely, Moti Ram has been granted anticipatory bail vide order dated 04.08.2023 passed in Criminal Miscellaneous No. 45692 of 2023. A statement has been made in paragraph no.3 of the petition that the petitioner is accused in one other case.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is case and counter case between the parties.
6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from
Patna High Court CR. MISC. No.58557 of 2023(2) dt.20-09-2023 3/3 today, on furnishing bail bond of ₹30000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Tarari P.S. Case No. 82/2022., subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J) Ashwini/- U T