Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23722 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== MANOJ KUMAR S/o Bijendra Prasad Yadav Resident of Village-Maheshua, Ward No. 18, P.S.-Udakishunganj, District-Madhepura ... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar, Advocate For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Udakishunganj P.S. Case No. 18 of 2022, registered for the offences punishable under Sections 147, 148, 149, 353, 332, 333, 188 and 171(E) of the Indian Penal Code and Section 10 of the Loudspeaker Act.
The case of the prosecution, in brief, is that the FIR named accused persons and about 200300 unknown persons, variously armed with lathi, danda, had blocked Chausa More road and were raising slogans against the police administration while the government officials were chasing miscreants who had committed murder of one Lal
Patna High Court CR. MISC. No.23722 of 2023(2) dt.24-06-2023 2/3 Kumar Yadav, whereupon they had attempted to damage the police vehicles and had also misbehaved with the police administration.
The learned counsel for the petitioner has submitted 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 the petitioner is not named in the FIR and a general and omnibus allegation has been levelled against the accused persons. Lastly, it is submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by coordinate Benches of this Court vide orders dated 16.11.2022 passed in Criminal Misc. No. 34682 of 2022 and 11.05.2023 passed in Criminal Misc. No. 7069 of 2023.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
Having regard to the facts and circumstances of the case, considering the
Patna High Court CR. MISC. No.23722 of 2023(2) dt.24-06-2023 3/3 submissions made by the learned counsel for the parties and taking into account the parity of the case of the petitioner with that of the co-accused persons who have already been granted the privilege of anticipatory bail by coordinate Benches of this Court, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.
Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Udakishunganj, District-Madhepura in connection with Udakishunganj P.S. Case No. 18 of 2022, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T