IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70794 of 2025 Arising Out of PS. Case No.-38 Year-2024 Thana- HARPUR District- East Champaran ====================================================== Manoj Sah S/O Ram Chandra Sah Residnet of vilage - Harpur, P.S- Harpur, Distrct - East Champarna, Mothihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs Namita Sharma, Adv. Mr.Anshu Dhar Sharma, Adv. For the Opposite Party/s : Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 08-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner is apprehending arrest in connection with Harpur P.S. Case No. 38 of 2024 registered for the offences punishable under Sections 115(2), 126, 118, 110, 76, 303(2), 352, 3(5), 109, 117(2) of the B.N.S. 3. As per prosecution case, petitioner and others, armed with farsa, iron rod, lathi and danda, are said to have surrounded the informant and informant’s husband. It is alleged that co-accused Sikandar Sah is said to have assaulted indiscriminately by means of farsa upon the head of the informant’s husband, as a result of which informant’s husband sustained injury injury on the right side of the head. It is further Patna High Court CR. MISC. No.70794 of 2025(2) dt.08-10-2025 2/4 alleged that co-accused Visinder Sah is said to have assaulted by means of rod upon the head of informant’s husband, as a result of which informant’s husband sustained injury in the middle portion of the head. It is further alleged that co-accused Munnilal Sah assaulted the informant badly and tore her clothes, as a result of which informant became undressed. It is further alleged that co-accused Munnilal Sah is said to have stolen Gold Mangalsutra worth Rs. 36,000/- and petitioner-Manoj Sah is said to have taken away Rs. 3000/- from the pocket of informant’s husband. It is further alleged that when father-in- law of the informant came for rescue, co-accused Ramchandra Sah and Shiv Sah assaulted him by means of lathi and danda. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report and he has been falsely implicated in this case. It is submitted that the alleged occurrence took place on 20.10.2024 and the present F.I.R. was lodged on 24.10.2024 after delay of about four days without any plausible explanation which questions the authenticity of the prosecution story. It is further submitted that there is no specific overt act of assault against the petitioner and the allegation of snatching money is nothing but super addition just to falsely implicate the Patna High Court CR. MISC. No.70794 of 2025(2) dt.08-10-2025 3/4 petitioner. It is further submitted that specific allegation of assault by means of farsa is against co-accused Sikarndar Sah and the allegation against the petitioner is general and omnibus in nature. Petitioner bears no criminal antecedent. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner. Learned counsel submits that petitioner’s name find figure in the FIR and there is allegation against him of taking away Rs. 3000/- from pocket of informant's husband, and hence, he cannot escape from the allegations levelled in the first information report. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, there is no specific overt act of assault against the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran, Motihari in connection with Harpur P.S. Case No. Patna High Court CR. MISC. No.70794 of 2025(2) dt.08-10-2025 4/4 38 of 2024, subject to the conditions as laid down under section 482(2) of the B.N.S.S. 7. The application stands allowed. mcverma/- (Alok Kumar Pandey, J) U T