Manoj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75265 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== 1.

MANOJ PRASAD, aged about 43 years, Male, son of Kharagdhari Mahto @ Kharakdhari Mahto, R/o Village- Mushaila 2.

Chandradeep Yadav @ Chandradeep Kumar, aged about 24 years, Male, son of Ragho Yadav Village- Madar 3.

Ranjan Dubey @ Ranjan Kumar Dubey @ Ranjan Kr. Dubey, aged about 37 years, Male, son of Late Kishor Dubey Village- Shahpur All are PS- Mohanpur Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2023 Heard Mr. Arvind Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Nawal Kishore Prasad, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Barachatti (Mohanpur) P.S. Case No. 315 of 2023 dated 26.03.2023 registered for the offence(s) punishable under Sections 341, 323 and 308/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, petitioners along with other co-accused persons have assaulted the husband of the informant, as a result of which, he sustained serious left eye injury.

Patna High Court CR. MISC. No.75265 of 2023(2) dt.29-11-2023 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that the injury sustained by the husband of the informant is simple in nature. It is further submitted that petitioners have clean antecedents and they have been dragged in a false case as the husband of the informant has denied to make payment of dues to petitioner no.1, who is running a hardware shop.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation, as well as, the fact that dispute relates to a demand raised by the petitioner no.1 with respect to certain dues and in the said course, the informant's husband has sustained simple injury, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 2nd, Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 315 of

Patna High Court CR. MISC. No.75265 of 2023(2) dt.29-11-2023 3/3 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U