Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30856 of 2022 Arising Out of PS. Case No.-939 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== MANISH KUMAR SON OF MADAN PRASAD RESIDENT OF VILLAGE - NEW AREA JAGDEO NAGAR POLICE STATION- SASARAM DISTRICT- ROHTAS ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :
Mr. Binod Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-11-2022 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, 448, 324, 307, 120B, 34 of the Indian Penal Code & Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that her son was shot causing injury on right hand, further based on suspicion alleges that Atish Kumar got the occurrence committed on account of dispute relating to loan taken by her son from the accused person.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.30856 of 2022(2) dt.21-11-2022 2/3 petitioner has been falsely implicated in the present case, it is next submitted that son of the informant had taken loan for which he had issued cheque which got bounced for which Atish Kumar had filed a case under Section 138 of the N.I. Act. It is next submitted that it absolutely does not stand to reason that as to why Atish would have got the occurrence committed when he is already pursuing his remedy of Section 138 of N.I Act. It is next submitted that the entire allegation hinges around suspicion and informant is not an eye witness to the occurrence nor the allegation even remotely suggests that the F.I.R. came to be instituted based on the information given to the informant by her son. It is next submitted that Atish Kumar has been granted anticipatory bail by order dated 15.11.2022 in Criminal Miscellaneous No. 28699 of 2022.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.30856 of 2022(2) dt.21-11-2022 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sasaram Nagar P.S. Case No. 939 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T