Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82402 of 2023 Arising Out of PS. Case No.-329 Year-2022 Thana- AMARPUR District- Banka ====================================================== MANOJ YADAV S/O DEVAN YADAV VILLAGE- DOMAKHAR, PS. BANKA, DIST. BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 354, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner assaulted the informant's side brutally by means of lathi, bricks and fist. Petitioner is said to have given a khanti blow on the head of the informant's wife due to which she sustained head injury.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.82402 of 2023(2) dt.05-01-2024 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. Both the parties are agnates and there is admitted land dispute between the parties. The injury sustained by the informant's wife is simple in nature. Petitioner has 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 the injury sustained by the informant's wife was found simple in nature, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Amarpur P.S. Case No. 329 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T