Manoj Kumar Singh @ Manoj Singh, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67513 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Manoj Kumar Singh @ Manoj Singh, Son of Late Janardan Singh, Resident of - Rajivnagar, Road No. 8 P.S. - S.K. Puri, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-11-2023 Heard Mr. Yogesh Kumar, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with S. K. Puri P.S. Case No. 247 of 2022, registered for the offence punishable under Section 365/34 of the Indian Penal Code.

3. Allegedly, while the informant had gone for some work, in the meantime, the petitioner came there and assaulted him and further with the help of co-accused 'Sarvesh Singh', brought him in his office and started pressurizing him to execute an agreement in respect of a land, for which, the mother of the informant had entered into an agreement.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.67513 of 2023(2) dt.01-11-2023 2/3 petitioner submits that admittedly an agreement was executed by the mother of the informant in favour of the petitioner in respect to the land, in question, for which the informant was asked to make a fresh agreement, however, as the informant is not ready to make further agreement in respect to the land, in question, the rate of which has been enhanced, hence the present FIR has been instituted. He further submits that the co-accused 'Sarvesh Singh', against whom there is allegation of forcibly taking away the informant on his vehicle, has been allowed the privilege of anticipatory bail by the learned co-ordinate Bench of this Court in Cr. Misc. No. 47156 of 2023 vide order dated 01.09.2023. He next submits that the petitioner is man of fair antecedent and he undertakes that he will not indulge in intimidating the informant and others, apart from that he will co-operate in the investigation or in the proceeding of the Court.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that specific allegation has been levelled against the petitioner of assault and pressurizing the informant to execute the sale deed in respect to the land, in question, in his favour.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the cause of

Patna High Court CR. MISC. No.67513 of 2023(2) dt.01-11-2023 3/3 dispute is ancestral land of the informant, for which his mother has already entered into an agreement, coupled with the fair antecedent of the petitioner and the fact that the co-accused person has been allowed the privilege of anticipatory bail, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Patna in connection with S. K. Puri P.S. Case No. 247 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) shivank/- U T