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Patna High CourtCR. MISC./11966/2023allowed

Manish Paswan @ Manish Kumar @ Bhulan Kumar v. The State Of Bihar

2023-04-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11966 of 2023 Arising Out of PS. Case No.-53 Year-2022 Thana- DHANGAI District- Bhojpur ====================================================== MANISH PASWAN @ MANISH KUMAR @ BHULAN KUMAR Son of Late Sambhu Paswan R/V- Sonbarsa, P.S.- Dhangai, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 448, 341, 323, 325, 307 and 379/34 of the Indian Penal Code pending in the learned court below.

There is allegation against all the accused persons that they have assaulted the informant and his family members. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that nothing has been mentioned in the entire FIR the reason for the

Patna High Court CR. MISC. No.11966 of 2023(2) dt.27-04-2023 2/2 occurrence for which the accused persons have assaulted the informant and his family members. He submits that petitioner is only a member of the mob as alleged in the FIR. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Dhangai P.S. Case No.53/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T