Manish Kumar Singh @ Lathi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17542 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- MANJHI District- Saran ====================================================== 1.

Manish Kumar Singh @ Lathi S/O Ashok Singh Resident Of VillageTajpur, P.S.- Manjhi, District- Saran 2.

Susrajbhan Singh @ Rajnish Kumar S/O Ashok Singh Resident Of VillageTajpur, P.S.- Manjhi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Pd.Singh, Sr. Adv.

Mr.Sabal Kumar Jha,Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-05-2023 At the outset, the learned senior counsel for the petitioners seeks to withdraw the present petition qua the petitioner no.1, in order to enable him to surrender before the learned Court below, within a period of four weeks and seek regular bail. Liberty so sought is granted.

Accordingly, the present petition qua the petitioner no.1 stands disposed off as not pressed. Heard the learned counsel for the petitioners and the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Manjhi P.S. Case No.165 of 2022, registered for the offences punishable under Sections 341, 323, 326 and 379 of

Patna High Court CR. MISC. No.17542 of 2023(2) dt.25-05-2023 2/3 the Indian Penal Code.

The accused persons including the petitioners are stated to have arrived at the house of the informant, whereafter they had assaulted the informant and are also alleged to have snatched a sum of Rs.56,000/- from the pocket of the informant and then they had fled away.

The learned senior counsel for the petitioner submits that the petitioner no.2 is innocent, he has been falsely implicated in the present case. The learned counsel for the petitioner no.2 has further submitted that though the petitioner no.2 is an accused in one another case, but he is on bail in the said case. It is also submitted that a general and omnibus allegation has been levelled qua the petitioner no.2 and the present case has arisen out of case and counter case.

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 senior counsel for the petitioner, taking into account the materials

Patna High Court CR. MISC. No.17542 of 2023(2) dt.25-05-2023 3/3 available on record as also considering the fact that a general and omnibus allegation has been levelled against the petitioner no.2 and he has not been specifically alleged to have assaulted the informant, I deem it fit and proper to admit the petitioner no.2 to the privilege of anticipatory bail.

Accordingly, the petitioner no. 2 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 Additional Chief Judicial Magistrate-XII, Chapra in connection with Manjhi P.S. Case No.165 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) sonal/- U T