Manoj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2460 of 2024 Arising Out of PS. Case No.-312 Year-2023 Thana- KATORIYA District- Banka ====================================================== 1.

Manoj Das S/o Late Basudeo Das Resident of Village - Bichkouri, P.S.- Katoriya, District- Banka (Bihar).

2.

Siwan Das @ Shiv Narayan Das S/o Mishri Das Resident of Village - Bichkouri, P.S.- Katoriya, District- Banka (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pratyush Pratap Singh For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2024 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 447, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.

3. As per the FIR, the allegation against the petitioners is that they along with other co-accused persons assaulted the informant and his daughter and his son.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act

Patna High Court CR. MISC. No.2460 of 2024(2) dt.08-02-2024 2/2 against the petitioners. There is a case and counter-case between the parties. There is a land dispute between the parties. He further submits that the specific allegation is against the coaccused Vivek Das. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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 court below where the case is pending/Successor Court in connection with Katoriya P.S. Case No.312 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T