Patna High CourtCR. MISC./89141/2024bail rejected

Manjay Sah v. The State Of Bihar

2025-02-24Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89141 of 2024 Arising Out of PS. Case No.-116 Year-2024 Thana- MANSI District- Khagaria ====================================================== Manjay sah S/O Saheb Sah Resident of village - Rohiyar, P.S- Mansi, DistrictKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Allama Abdul Quadir Mr. Hafiz Shahbaz Arif For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Mansi Police Station Case No. 116 of 2024, dated 02.05.2024, disclosing offences under Sections 147/148/149/341/323/307/325/385/379/354/504/506 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 30.04.2024, in the morning, the petitioner, along with other accused persons, variously armed with weapons, arrived at the door of the informant and started abusing her. When the informant objected, the petitioner and other accused persons started assaulting the

Patna High Court CR. MISC. No.89141 of 2024(3) dt.24-02-2025 2/3 informant. It has further been alleged that the petitioner assaulted Rudal Sah by means of khanti on his head and other accused person, namely, Gorelal Sah, also assaulted Rudal Sah by means of khanti on his thigh.

4. Mr. Allama Abdul Quadir, learned counsel for the petitioner submits that the present case has been lodged due to land dispute between the parties after two days. He next submits that the petitioner has not committed any offence in the manner alleged and a counter case, bearing Mansi Police Station Case No. No. 117 of 2024, has also been lodged by the side of the petitioner against the informant and others. He further submits that though injury has been opined as grievous in nature, but from the injury report it does not appear that it is serious in nature. He also submits that some of the accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 90263 of 2024.

5. On the other hand, learned counsel for the state, referring to the case diary, submits that there is specific allegation against the petitioner of assault upon Rudal Sah on his head due to which he sustained injury and as per the injury report, submitted by the doctor, the injury caused to

Patna High Court CR. MISC. No.89141 of 2024(3) dt.24-02-2025 3/3 the victim is grievous in nature on his head.

6. Regards being had to the submissions made by the parties and taking into specific consideration of allegation against the petitioner and the fact that victim has sustained grievous injury, I am not inclined to grant regular bail to the petitioner.

7. This application is, accordingly, rejected.

8. However, if the petitioner surrenders before the concerned Court and seeks regular bail, the same may be considered by the concerned Court on its own merit without being prejudiced that anticipatory bail of the petitioner has been rejected by this Court.

(Anil Kumar Sinha, J) ashwani/- U T