Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10364 of 2024 Arising Out of PS. Case No.-492 Year-2023 Thana- MANER District- Patna ====================================================== 1.

Manish Kumar son of Jitendra Ray Village- Patila Ps- Maner Dist- Patna 2.

Jitendra Ray son of Prabhu Ray Village- Patila Ps- Maner Dist- Patna 3.

Rajesh Kumar @ Mantu Ray son of Subhash Ray Village- Patila Ps- Maner Dist- Patna 4.

Byash Ray @ Ranjan Kumar @ Ranjan son of Jitendra Ray Village- Patila Ps- Maner Dist- Patna 5.

Guddu Kumar son of Subhas Ray Village- Patila Ps- Maner Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeswari Singh, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5.

26-06-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 354, 504, 506, 34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons including these petitioners assaulted informant and his other family members and also tried to outrage the modesty of daughter of informant.

4. Learned counsel for petitioners submits that specific accusation of assault is against co-accused Subhash

Patna High Court CR. MISC. No.10364 of 2024(5) dt.26-06-2024 2/2 Ray. So far as these petitioners are concerned, there is general and omnibus allegation. As a matter of fact, due to admitted land dispute between the parties, a free-fight took place, in which, both sides sustained injury. There is case and counter case.

5. Learned A.P.P. opposes the prayer for bail.

6. Considering the fact that there is general & omnibus allegation against these petitioners and there is case & counter case, the prayer for anticipatory bail of petitioners is allowed.

7. Let the above-named five petitioners, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Danapur (Patna) in connection with Maner P.S. Case No. 492 of 2023, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Prabhat Kumar Singh, J) anay U T