Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30401 of 2022 Arising Out of PS. Case No.-321 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Manoj Kumar Son Of Late Surendra Mahto Resident Of Village - Mathurapur, Ward No.11, P.S.- And Distt.- Khagaria. 2.

Anoj Kumar Son Of Late Surendra Mahto Resident Of Village - Mathurapur, Ward No.11, P.S.- And Distt.- Khagaria.

3.

Sonu Kumar Son Of Late Suresh Mahto Resident Of Village - Mathurapur, Ward No.11, P.S.- And Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the bail prayer of petitioner no.2. Permission is accorded.

Accordingly, the bail prayer of petitioner no.2 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos.1 and 3 and learned APP for the State.

The petitioner nos.1 and 3 are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 504, 379 and 307 of the Indian Penal Code. Allegedly, it is a case of assault due to which informant's side sustained injuries.

Patna High Court CR. MISC. No.30401 of 2022(2) dt.15-11-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that petitioners have got benefit of provision under Section 41(1) of the Cr.P.C. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, namely, Manoj Kumar and Sonu Kumar, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Simmi Kuzur, Judicial Magistrate, Ist Class, Khagaria in connection with Khagaria P.S. Case No. 321 of 2018, G.R. No.1341 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U