Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9445 of 2024 Arising Out of PS. Case No.-261 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Manoj Singh Son of Late Mathura Singh R/o Beldha, P.S. - Warsaliganj, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Prasad Sinha, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Warsaliganj P.S. Case No. 261 of 2023 lodged under Sections 341, 323, 324, 302 and 34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against nine named accused persons including the petitioner against whom there is allegation they all gathered with lathi and iron rod and assaulted the informant and his family. It has been alleged that petitioner has attacked on the deceased by iron rod due to which bleeding started who died subsequently during treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the content of F.I.R., it is crystal clear that there is old pending land dispute which has been purchased by the petitioner, was opposed by them and due to this reason, the

Patna High Court CR. MISC. No.9445 of 2024(2) dt.20-02-2024 2/2 entire dispute has arisen.

5. Counsel further submits that initially, a general and omnibus allegation has been made, but subsequently, one line specific allegation has also been alleged. He submits that petitioner and informant both belongs to same village and wellknown to each other and none of the parties are criminal.

6. Counsel further submits that petitioner is in custody since 14.06.2023 having clean antecedent.

7. Learned counsel for the State opposes the prayer for bail and submits that progress has not been made in this case instead of the fact that case has been lodged in the month of May, 2023

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada in connection with Warsaliganj P.S. Case No. 261 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T