Manish Kumar @ Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28038 of 2023 Arising Out of PS. Case No.-620 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== MANISH KUMAR @ MANISH YADAV Son of Vinod Kumar Yadav Resident of village - K.B. Lal Road Nathnagar opposite Nathnagar, P.S. - Nathnagar , Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-07-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nathnagar (Madhusudanpur) Police Station Case No. 620 of 2022, dated 16.08.2022, disclosing offences under Sections 341/323/307/504/506/34 of the Indian Penal Code and Section 27 Arms Act.

The prosecution case, on the basis of the First Information Report, is that on 16.08.2022, at night, the petitioner along with other accused persons arrived at the house of the informant, they dragged down brother-in-law of informant out of the house and assaulted him and when the informant intervened, other co-accused Suman Kumar assaulted the informant by some weapon due to which she sustained injury on the left thigh.

Patna High Court CR. MISC. No.28038 of 2023(2) dt.19-07-2023 2/2 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to oblique motive and from perusal of the First Information Report it would be evident that there is a dispute between the brother-inlaw of the informant and the co-accused Suman Kumar, who assaulted the informant. He further submits that injury caused to the informant is simple in nature.

On the other hand, learned counsel for the State submits that on the date of occurrence, the accused persons dragged down the brother-in-law of the informant, and assaulted the informant, who is a lady and resorted to firing and the petitioner has got three criminal antecedents. Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner has three criminal antecedents, Accordingly, I am not inclined to grant anticipatory bail to the petitioner.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J) ashwani/- U √ T √