Guna Pandit @ Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9292 of 2022 Arising Out of PS. Case No.-139 Year-2021 Thana- MANPUR District- Nalanda ====================================================== Guna Pandit @ Gulshan Kumar S/O Late Manoj Pandit R/O Village And P.O.- Sarbahdi, P.S.- Manpur, District- Nalanda (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lalan Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Manpur P.S. Case no. 139 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 504, 506, 332, 333, 353, 307, 120(B) of the Indian Penal Code and section 135(a) of the RP Act, 1951.

As per allegation in the FIR, petitioner along with other co-accused persons have created hindrance by pelting stones to the police party in discharging the official duty in panchayat election as a result of which four home guard jawan sustained injuries.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. General and omnibus allegations have been levelled

Patna High Court CR. MISC. No.9292 of 2022(2) dt.10-08-2022 2/2 against him. He was only the member of the mob. He has got no criminal antecedent. Injury received by the injured is simple in nature. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession. He has been falsely implicated in the present case due to dirty village politics.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Manpur P.S. Case no. 139 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-5 at Biharsharif, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U