Manoj Chaudhary @ Manoj Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78895 of 2024 Arising Out of PS. Case No.-113 Year-2022 Thana- MAIN P.S. District- Gaya ====================================================== Manoj Chaudhary @ Manoj Sahni Son of Puna Chaudhary Resident of Village- Koiri Bigha, P.S.- Men, Dist.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shyamal Prakash For the Opposite Party/s :
Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 149, 323, 325, 307, 447, 504, 506, 427 of the Indian Penal Code.
3. Petitioner along with other co-accused persons are said to have assaulted the family members of the informant by means of lathi and iron rod.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 05.12.2023 passed in Cr. Misc. No.
Patna High Court CR. MISC. No.78895 of 2024(2) dt.17-01-2025 2/2 76479 of 2023. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that one injury found upon the victim is grievous in nature, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Men P.S. Case No. 113 of 2022.
7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner has no criminal antecedent.
(Anjani Kumar Sharan, J) devendra/- U T