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Patna High CourtCR. MISC./11769/2023allowed

Manoranjan Kumar v. The State Of Bihar

2023-05-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11769 of 2023 Arising Out of PS. Case No.-528 Year-2021 Thana- CHANDI District- Nalanda ====================================================== MANORANJAN KUMAR S/O KAILASH PRASAD Resident of VillageKoushik Nagar, P.S.- Hilsa, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Pandey For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506, 379/34, 302, 120B of the Indian Penal Code and section 27 of Arms Act.

Allegedly, the petitioner and other co-accused persons assaulted the brother of the informant. Co-accused Anil Kumar fired upon the informant's brother. The petitioner and coaccused Ramjanam Gope snatched golden locket and cash of Rs.5200/- from his brother. It is alleged that the brother of the informant died during the course of treatment. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.11769 of 2023(2) dt.18-05-2023 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is an admitted land dispute between the parties. The specific allegation of firing is against the co-accused Anil Kumar. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chandi P.S. Case No.528 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T