Manoj Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66622 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== MANOJ SAHANI Son of - Late Vasudev Sahani Resident of village - Lallu Pokhar, P.S. Kasim Bazar, P.O. Munger, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manendra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 384/386/387/34 of the IPC and section 27 of the Arms Act.

3.

Allegedly, the petitioner and other F.I.R. named accused persons fired in order to threaten the informant to remove his net from the river. Thereafter, they took the informant on other side of the river and demanded extortion of Rs.2 Lacs and assaulted him with lathi.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place.

Patna High Court CR. MISC. No.66622 of 2023(2) dt.31-10-2023 2/2 There is general and omnibus allegation against the petitioner and other accused persons of demanding 'Rangdari'. It is further submitted that the alleged occurrence took place on 14.01.2023 but the F.I.R. was lodged on 30.03.2023 i.e. there is a delay of 75 days in lodging the F.I.R. without giving any plausible explanation, which itself creates doubt about the prosecution case. Petitioner has six criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and considering the delay in lodging the F.I.R., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the learned court below where the case is pending/Successor Court in connection with Munger Muffasil P.S. Case No.91 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T