Manoranjan Kumar @ Manoranjan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7869 of 2023 Arising Out of PS. Case No.-204 Year-2022 Thana- JANTA BAZAR District- Saran ====================================================== MANORANJAN KUMAR @ MANORANJAN RAI S/O BHAGAWAN RAI R/v- Sarpur Kothi, P.S.0 Janta Bazar, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Shekhar Tiwary, Adv.
For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2023 Heard Mr. Shashi Shekhar Tiwary, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State.
2. Petitioner apprehends his arrest in connection with Janta Bazar PS Case No. 204/2022 dated 04.11.2022 registered for the offence punishable under Sections 341, 342, 323, 354(B), 354(D), 307, 506/34 of the IPC and Section 27 of the Arms Act.
3. As per prosecution case, while the informant was returning home from coaching, two motorcycle borne criminals intercepted him and asked him to give mobile number of a girl and on denial, they, allegedly, fired upon the informant. Somehow, the informant saved himself.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on the
Patna High Court CR. MISC. No.7869 of 2023(2) dt.19-05-2023 2/3 basis of the fact that father and uncle of the petitioner are practising advocates and have been pursuing the case of complainant Manisha Devi lodged against one Mithilesh Sah, the Officer Incharge of Janta Bazar Police Station which was converted into an FIR vide Janta Bazar PS Case No. 89/2018. The petitioner has been made accused at the behest of the said Officer Incharge, Janta Bazar Police Station. He next submits that the cases which are mentioned in paragraph-3 of the present petition have been lodged against the petitioner in retaliation and in all of them the petitioner has been acquitted by the trial court. The petitioner is a student of graduation.
5. Regards being had to the submissions made by the parties, taking into consideration the fact that the informant did not receive any injury and the petitioner is a student, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Priya Barnwal, learned Judicial Magistrate, Saran at Chapra/ the court concerned in connection with Janta Bazar PS Case No. 204/2022, subject to the condition
Patna High Court CR. MISC. No.7869 of 2023(2) dt.19-05-2023 3/3 as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T