Manish Kant Choudhary @ Manish Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23327 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- PIPRA District- Patna ====================================================== 1.

Manish Kant Choudhary @ Manish Choudhary, Son Of Shreenath Choudhary R/O Village - Behrawan, P.S.- Pipra, District - Patna. 2.

Budhadev Kevat, Son Of Ganouri Kevat R/O Village - Behrawan, P.S.- Pipra, District - Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Deovind Kumar Singh For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that petitioner nos.1 and 2 along with Rahul Kumar assaulted him by lathi causing injury on his head as the informant had requested them to burn crackers properly as one of the crackers fell on his son.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.23327 of 2022(2) dt.07-11-2022 2/3 the petitioners have been falsely implicated in the present case. It is next submitted that the allegation of assault as alleged in the F.I.R. is against three persons including the petitioners. It is also submitted that though allegation of assault is against three persons, but the injury is only one as has been stated specifically at Para-7 of the anticipatory bail application. It is next submitted that petitioner no.1 is a Headmaster of a Government School and thus, will not abscond and petitioner no.2 is aged about 52 years and prior to institution of the present case was a person with clean antecedent and all of a sudden has been made a criminal based on general and omnibus allegation of assault. It is also submitted that Rahul Kumar was granted anticipatory bail by the order impugned itself on the ground that though informant alleges that he assaulted, but his son in his statement before the police did not name.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.

Patna High Court CR. MISC. No.23327 of 2022(2) dt.07-11-2022 3/3 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Pipra P. S. Case No.92 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T