Manu Kumar @ Monu Kumar @ Minu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17729 of 2025 Arising Out of PS. Case No.-399 Year-2024 Thana- MANER District- Patna ====================================================== Manu Kumar @ Monu Kumar @ Minu Kumar S/o- Mahesh Rai Vill- Goria Sthan, Nilkanth Tola, PS- Maner, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the State :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-05-2025 Heard Mr. Shashi Bhushan Singh, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 399 of 2024, F.I.R. dated 26.06.2024 registered for the offences punishable under Sections 341, 323, 307, 385, 504 and 506 of the Indian Penal Code and Section 25(1-B)a, 26, 35, 37 of the Arms Act.

3. Allegation against the petitioner is that he along with other co-accused persons entered into the house of the informant having armed with weapons assaulted him and due to which he sustained injuries. In the meanwhile, the nearby people assembled there and caught Sahil Kumar S/o Badri Rai from whose possession a country made pistol was recovered and other

2/4 accused persons succeeded in fleeing away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case and there is case and counter case between the parties. Although, the petitioner is named in the F.I.R. but there is no specific allegation against the petitioner and there is specific allegation of assault attributed against co-accused person namely Sahil Kumar S/o Shailesh Kumar that he has assaulted to the informant and the said Sahil Kumar has been granted the privilege of anticipatory bail vide order dated 12.05.2025 in Cr. Misc. No. 14749 of 2025 by a Coordinate Bench of this Court. There is no specific allegation of assault attributed against the petitioner but there is allegation against the petitioner that he was also involved in the present crime in question.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case and the fact that there is no specific allegation of any assault or overt act attributed against the petitioner and co-accused against whom the specific allegation of assaulted attributed against him has been granted the privilege of anticipatory bail by a

3/4 Coordinate Bench of this Court, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 Judicial Magistrate 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 399 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T