Manish Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24325 of 2023 Arising Out of PS. Case No.-1378 Year-2022 Thana- NAWADA District- Nawada ====================================================== Manish Singh S/O Sri Baleshwar Singh Resident Of Village- New Area Nawada, P.S.- Nawada, District- Nawada.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh, Adv For the Opposite Party/s :
Mr.Dinesh Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 306 of the Indian Penal Code and section 33/34 of the Bihar Money Landers Act 1974.
3. As per the prosecution case, the informant alleged that his brother along with his wife and children consumed poison, five of them died and one Sakshi Kumari survived. It has further been alleged that the deceased, Kedar Lal Gupta along with his family was engaged in selling fruit juice on the road side, who had told the informant earlier that he had taken loan from some money lenders including the petitioner and has returned more than the loan amount by way of interest. The
Patna High Court CR. MISC. No.24325 of 2023(4) dt.08-09-2023 2/3 name of money lenders have been disclosed in the FIR, who have seven in number including the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent. The allegation against the petitioner is that he threatened the deceased to return back his money. He further submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. Similarly situated co-accused persons namely, Vikash Kumar vide order dated 24.08.20923 in Cr. Misc. No. 28842 of 2023, Dr. Pankaj Sinha @ Pankaj Kumar vide order dated 12.07.2023 in Cr. Misc. No. 27097, Ranjesh Kumar @ Mantu Jee vide order dated 03.08.2023 in Cr. Misc. No. 19865 of 2023, Ranjiv Kumar @ Ranjit Singh @ Sanjiv Kumar vide order dated 01.08.2023 in Cr. Misc. No. 37166 of 2023 have been granted anticipatory bail by co-ordinate Bench of this Court.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six
Patna High Court CR. MISC. No.24325 of 2023(4) dt.08-09-2023 3/3 weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nawadah Town P.S. Case No. 1378 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) N.K/- U T