Patna High CourtCR. MISC./11449/2024bail granted

Manjay Kumar v. The State Of Bihar

2024-03-18Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11449 of 2024 Arising Out of PS. Case No.-352 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Manjay Kumar Son of Baleshwar Mahto R/o village- Karinga Musehari, P.S.- Chapra Muffasil, Dist.- Saran 2.

Ganga Mahto Son of Narsingh Mahto R/o village- Karinga Musehari, P.S.- Chapra Muffasil, Dist.- Saran 3.

Sonu Kumar @ Sonu Kumar Mahto Son of Mahaveer Mahto R/o villageKaringa Musehari, P.S.- Chapra Muffasil, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankur Prakash Sinha, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Chapra Muffasil P.S. Case No. 352 of 2021 dated 02.08.2021 registered for the offences punishable u/ss 341, 323, 353, 379, 427, 504, 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons along with 10-12 unknown miscreants are alleged to have attacked and assaulted the contractor with lathi, danda and iron rod causing head injury. All the accused persons

Patna High Court CR. MISC. No.11449 of 2024(2) dt.18-03-2024 2/3 also assaulted on the body of the informant with bricks and stones. The co-accused, Dev Kumar Mahto snatched Rs. 6000/- from the pocket of the informant and the co-accused, Sonu Kumar snatched his gold chain.

4. Learned counsel for the petitioners has submitted that the petitioners is innocent and have falsely been implicated in this case. The allegation of snatching against the petitioners is ornamental. There is general and omnibus allegation against the petitioners. It is further submitted that the petitioners have no concern with the alleged offence. The petitioner no. 1 has four criminal antecedents, the petitioner no. 2 has one criminal antecedent and the petitioner no. 3 has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Saran at

Patna High Court CR. MISC. No.11449 of 2024(2) dt.18-03-2024 3/3 Chapra in connection with Muffasil P.S. Case No. 352 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T