Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6514 of 2025 Arising Out of PS. Case No.-217 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== Manish Kumar Son of Kamleswari Yadav Resident of Village - Ghorghat, P.S. - Bariyarpur, District - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Puja Kumari, Adv.
For the Opposite Party/s :
Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Bariyarpur P.S. Case No. 217 of 2024 dated 10.10.2024, instituted for the offence punishable under Sections 126(2), 115(2), 109, 303(2), 74, 352 and 3(5) of the Bhartiya Nyay Sanhita.
3. The case the prosecution, in short, is that due to quarrel between the informant and accused side, Deepak Yadav abused and assaulted the informant by means of axe on her head due to which she sustained injury and when her son came to rescue, the petitioner tried to press the neck of son of the informant with an intention to kill him.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.6514 of 2025(2) dt.19-02-2025 2/3 petitioner is innocent and he has been falsely implicated in this case. It is submitted that there is specific allegation against Deepak Yadav, that he assaulted with axe on the head of the informant due to which she sustained injury. So far allegation against the petitioner is concerned, it is alleged that he tried to press neck of son of the informant with an intention to kill him. It is further submitted that there is case and counter case between the parties and counter case bearing Bariyarpur P.S. No. 218 of 2024 dated 10.10.2024 has been lodged by Manish Kumar (petitioner) against the son and other family members of the present informant. It is submitted that injury report of the informant reveals that injury is simple in nature and there is no injury report of son of the informant. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bariyarpur P.S. Case No. 217 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.6514 of 2025(2) dt.19-02-2025 3/3 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Munger, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T