Patna High CourtCR. MISC./63174/2022allowed

Manoj Sah v. The State Of Bihar

2023-02-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63174 of 2022 Arising Out of PS. Case No.-385 Year-2021 Thana- BARAULI District- Gopalganj ====================================================== Manoj Sah Son Of Dharamdeo Sah R/V- Batardah Tola Chainpur, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 447, 323, 325, 307, 504, 34 of the Indian Penal Code.

It is alleged against the petitioner that he assaulted to the son of the informant by lathi on his head as a result of which, he sustained head injuries. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the

Patna High Court CR. MISC. No.63174 of 2022(2) dt.21-02-2023 2/2 informant are agnates and in the background of some land dispute, the present accusation has been levelled against the petitioner. For the alleged occurrence of 05.12.2021, the F.I.R was registered on 20.12.2021 without explaining the delay. The petitioner is languishing in custody since 22.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj in connection with Barauli P.S. Case No. 385 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T