Manish Kumar Bhagat @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5718 of 2024 Arising Out of PS. Case No.-117 Year-2023 Thana- MADHAURAH District- Saran ====================================================== MANISH KUMAR BHAGAT @ MANISH KUMAR SON OF TREVENI BHAGAT RESIDENT OF VILLAGE - GOURA BAZAR, P.S. - MADHOURAH, DISTRICT - SARAN AT CHAPRA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tejpratap Singh For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Marhaurah (Goura O.P.) P.S. Case No.117 of 2023, registered for the offence punishable under Sections 341, 323, 324, 307, 354, 379, 504, 506, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused persons entered into the house of the informant and assaulted the informant's side due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.5718 of 2024(2) dt.20-02-2024 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. Both the sides are agnates and there is a case and counter-case between them. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is a specific allegation against the petitioner to assault Karan Kumar due to which he sustained grievous injury.

6. Having regard to the facts and circumstances of the case as well as considering the nature of injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law considering that the petitioner is a student of Electrical Engineering and he has no criminal antecedent.

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