Madan Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63399 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- Manikpur District- Lakhisarai ====================================================== Madan Sada S/O Late Arjun Sada @ Arjun Sada R/O Repura Mushahari, P.S.- Manikpur, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-09-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Manikpur P.S. Case no.54 of 2024 registered for the offence punishable under sections 307, 379, 341, 323, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that over a trivial dispute relating to measurement of land, Subodh Sada struck the informant with an iron rod on his head. The petitioner struck with a lathi while the wife of Subodh Sada took away the silver chain from his neck.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.63399 of 2024(2) dt.21-09-2024 2/3 the petitioner has been falsely implicated in the case because of land dispute between the parties which is evident from the contents of the FIR itself. Referring to the injury report as reproduced in the order of the learned trial Court, it is submitted that a single injury which has been found on the informant is directly attributable to co-accused Subodh Sada and not the petitioner herein and in any case the injury has been found to be simple in nature. The falsity of the case would further be evident from the fact that even the wife of Subodh Sada has been implicated by assigning her a role. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the contents of the injury report and the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Manikpur P.S. Case no.54 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.63399 of 2024(2) dt.21-09-2024 3/3 satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Partha Sarthy, J) Saurabh/- U T