Manoj Kumar @ Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17887 of 2022 Arising Out of PS. Case No.-52 Year-2018 Thana- SANHAULA District- Bhagalpur ====================================================== MANOJ KUMAR @ MANOJ SINGH S/o Suresh Singh Resident of Khurd Dumaria, P.S.- Hanwara, District- Godda (Jharkhand) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 17999 of 2022 Arising Out of PS. Case No.-52 Year-2018 Thana- SANHAULA District- Bhagalpur ====================================================== BABLU YADAV @ BALRAM YADAV Son of Late Makhan Yadav Residnet of Sangrampur, Parariya, Godda, Jharkhand ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 17887 of 2022) For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr. rajiv Nayan, APP (In CRIMINAL MISCELLANEOUS No. 17999 of 2022) For the Petitioner/s :

Mr. Madan Mohan, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 386, 504 and 506/34 of the Indian Penal Code and Sections 37(c) and 30 (a) of the Bihar Prohibition and Excise Act, 2016

Patna High Court CR. MISC. No.17887 of 2022(2) dt.12-08-2022 2/3 and Section 25(1-b)a, 26 and 35 of the Arms Act. As per prosecution case is that the accused persons demanded extortion from the informant and a country made gun, five live cartridges and two liters wine are recovered from the vehicle.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that no incriminating article has been recovered from the conscious or constructive possession of the petitioners and the name of the petitioners have been transpired on the basis of confessional statement of co-accused Vikash Kumar and they have not been apprehended at the spot. He further submits that similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 6110 of 2022. Petitioners have clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of

Patna High Court CR. MISC. No.17887 of 2022(2) dt.12-08-2022 3/3 the like amount each to the satisfaction of learned Special Judge Excise Act, Bhagalpur in connection with Sanhaulla P.S. Case No. 52 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U