Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25718 of 2024 Arising Out of PS. Case No.-821 Year-2023 Thana- FATUA District- Patna ====================================================== Manish Kumar son of Deo Nandan Kumar @ Deomuni @ Dauni, a resident of Karbigha (Presently - Railway Colony), P.S.- Fatuha, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-05-2024 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Fatuha P.S.Case No.821 of 2023, registered for the offences punishable under Sections 341, 323, 504, 324, 307 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, the petitioners along with the other accused persons named in the FIR with a common intention tried to kill the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is the next door neighbour of the informant and due to previous enmity, a false case has been lodged against him and his family members. No injury has been alleged in the FIR. There is general and omnibus allegation against him.

Patna High Court CR. MISC. No.25718 of 2024(2) dt.01-05-2024 2/2

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that due to previous enmity, a false case has been lodged against him, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned 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 ACJM, Patna City/concerned court, in connection with Fatuha P.S.Case No.821 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U