Patna High CourtCR. MISC./64584/2023allowed

Manoj Sah v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64584 of 2023 Arising Out of PS. Case No.-429 Year-2023 Thana- MAHUA District- Vaishali ====================================================== MANOJ SAH S/O JAGESHWAR SAH VILLAGE- RAMPUR SINGHARA, PS- MAHUA, DIST- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307, 323, 324, 325, 326, 341, 379, 504, 506/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of assaulting the informant and her son due to which they sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. From the perusal of the FIR, it is apparent that there is property dispute between the informant and her son. As per FIR, the date of occurrence is 01.06.2023 and the case has been registered on 09.07.2023.

Patna High Court CR. MISC. No.64584 of 2023(3) dt.20-12-2023 2/2 There is no specific overt act of assaulting against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 11.07.2023.

5. The application for bail is opposed by learned APP for the State and submitted that the from the perusal of the injury report, it appears that the informant sustained injury is grievous in nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Mahua P.S. Case No. 429 of 2023. (Sunil Kumar Panwar, J) Arish/- U T