Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21925 of 2017 Arising Out of PS.Case No. -126 Year- 2017 Thana -AGAMKUAN District- PATNA ====================================================== Manish Kumar Son of Sri Nagendra Kishore Prasad Resident of MohallaNayatola Saristabad P.S. Gardanibagh District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-06-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Agamkuan P.S. Case No. 126 of 2017 for the offences punishable under sections 341, 323, 365, 511 and 384/34 of the I.P.C.

Allegedly, the petitioner and co-accused Harendra Prasad Yadav being contractors caused threats to the informant to withdraw his tender and for that both along with 25-30 unknown persons came and tried to abduct him but due to assemblance of the mohalla people the informant was saved. The co-accused has earlier also caused such occurrence and for that a case was lodged against him. Mobile number of the co-accused has been given.

Patna High Court Cr.Misc. No.21925 of 2017 (2) dt.19-06-2017 2/2 Submission is of false implication and that the petitioner being Class-IV contractor is not entitled to take part and to file tender other than Patna and now the tenders are being filed online, the petitioner has got no criminal antecedent, he has been made accused due to professional rivalry, no offence under section 384 of the I.P.C is made out and the offences under sections 365 and 511 of the I.P.C. is bailable and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. submits that mobile number of the co-accused has been given in the FIR and not of the petitioner. In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. A.C.J.M. Patna City in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T