Mauli Kumar @ Chandramauli Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15098 of 2023 Arising Out of PS. Case No.-303 Year-2022 Thana- RAJGIR District- Nalanda ====================================================== MAULI KUMAR @ CHANDRAMAULI KUMAR Son of Sunil Yadav R/vShahpur, P.S.- Rajgir, District- Nalanda (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Rajgir P.S. Case No. 303 of 2022, registered for the offence punishable under Sections 147, 148, 149, 323, 325 and 307 of the Indian Penal Code.

It is alleged that since some miscreants were misbehaving with the girls in the ongoing fair, the informant had protested, whereafter the accused persons including the petitioner herein had assaulted the informant and snatched his gold chain. The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against the petitioner

Patna High Court CR. MISC. No.15098 of 2023(2) dt.24-05-2023 2/2 and he has not been alleged to have specifically engaged in any sort of overt act qua the informant.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled against the petitioner, apart from the fact that he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Bihar Sharif in connection with Rajgir P.S.Case No. 303 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T