Brij Kishore @ Mantu @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25354 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- SAHPUR District- Patna ====================================================== BRIJ KISHORE @ MANTU @ MANTU KUMAR Son of Jaikishore Singh R/o Village - Nargada, P.S. Shahpur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pintu Kumar S/o Supan Singh R/o Village - Nargada, P.S. Shahpur, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anupa Nand Jha, Advocate For the Opposite Party/s :

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 373, 427 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the named accused persons, including the petitioner, and seven unknown came at his newly constructed house variously armed and with JCB machine and started demolishing the house of the informant, it is next alleged that the accused persons even assaulted the informant and his family members.

Patna High Court CR. MISC. No.25354 of 2022(2) dt.16-08-2022 2/3 Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the allegations are vague and cryptic, no specific allegation of assault is alleged against the petitioner rather the specific allegation of assault is against Suraj. Learned counsel submits that petitioner is a person with clean antecedent and is working as Assistant Professor of Mathematics in Raghunandan Teacher's Training College under Patliputra University since 2014, it is further submitted that Title Suit No. 403 of 2019 is pending between the informant and the petitioner in the court of learned Sub-Judge 1st, Danapur on account of which, the present false case came to be instituted.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees 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 Shahpur P.S. Case

Patna High Court CR. MISC. No.25354 of 2022(2) dt.16-08-2022 3/3 No. 31 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T