Manoj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76829 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== 1.
Manoj Sah S/o Raju Sah R/o Village- Mithihaniya Salehpur, P.S.- Vishambharpur, District- Gopalganj 2.
Krishna Sah S/o Late Bisheshar Sah R/o Village- Mithihaniya Salehpur, P.S.- Vishambharpur, District- Gopalganj 3.
Raju Sah S/o Late Rambachan Sah R/o Village- Mithihaniya Salehpur, P.S.- Vishambharpur, District- Gopalganj ... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.
3. All the F.I.R. named accused persons including these petitioners in furtherance of their common intention armed with deadly weapons are said to have assaulted the informant and his family members with intention to kill them due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The
Patna High Court CR. MISC. No.76829 of 2024(2) dt.13-11-2024 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both the parties are closed agnates and there is admitted land dispute between them. Both sides have filed cases against each other. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that there is inter se land dispute, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bishambharpur P.S. Case No.67 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T