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Patna High CourtCR. MISC./75238/2023allowed

Manoj Mahto v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75238 of 2023 Arising Out of PS. Case No.-287 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Manoj Mahto Son Of Ramdeo Mahto Village- Raun W.No-3, Ps- Alauli DistKhagaria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 307, 447, 379, 504, 506/34 of the Indian Penal Code.

As per allegation in the FIR, informant got information that petitioner along with other co-accused persons, armed with fire arms, were making house on his land. When the informant reached there and raised protest, co-accused persons abused and assaulted him. When other persons came to his rescue, they were also

Patna High Court CR. MISC. No.75238 of 2023(2) dt.29-11-2023 2/3 assaulted by the accused persons. Allegation against the petitioner is that he with other co-accused persons assaulted one Hitlar Kumar. Co-accused Nutan Devi took gold chain from the neck of informant's mother and coaccused Pandav threatened the informant and demanded Rs. 2,00,000/- as extortion.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case in the background of land dispute. It is also submitted that due to admitted land dispute, free fight took place between the parties and both sided sustained injuries. There is general and omnibus allegation against the petitioner. Moreover, the petitioner is languishing in judicial custody since 09.07.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.75238 of 2023(2) dt.29-11-2023 3/3 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 in connection with Alauli P.S. Case No. 287 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria. (Sunil Kumar Panwar, J) Nirajkrs/- U T