Bholu Mahto @ Manjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15974 of 2021 Arising Out of PS. Case No.-152 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== BHOLU MAHTO @ MANJEET KUMAR Son of Late Binoad Mahto Resident of Mohalla - Chittargupt - Puri, Maripur, P.S. - Kazi Mahammadpur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 269, 270, 188/160 of the Indian Penal Code and Section 27 of the Arms Act and Sections 37 (B), (c) of the Bihar prohibition and Excise Act, 2018.

Allegation against the petitioner is said to have assaulted the co-accused, namely, Sharad Prabhakar who was in drunken condition and had taken arm in hand.

It has been submitted by learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case. There is no recovery from the conscious

Patna High Court CR. MISC. No.15974 of 2021(2) dt.08-12-2021 2/2 possession of the petitioner. On the basis of confessional statement of co-accused, namely, Sharad Prabhakar, who was arrested in drunken condition. The petitioner has got no criminal antecedent, which is mentioned in para 3 of the bail application. Learned APP for the State vehemently opposes the prayer for bail application.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court, in connection with Kazi Mahammadpur P.S. Case No. 152/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Kumar Panwar, J) amitkumar/- U T