Patna High CourtCR. MISC./32569/2023allowed

Manish Kumar v. The State Of Bihar

2023-07-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32569 of 2023 Arising Out of PS. Case No.-256 Year-2020 Thana- DIGHA District- Patna ====================================================== MANISH KUMAR SON OF LATE RAM BABU RAY R/O Gate No.-90, Mukhdumpur, P.S-Digha, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Narain Singh For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354(B) and 504/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, there is allegation against the petitioner along with other co-accused persons that they assaulted the informant by means of sword causing head injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no

Patna High Court CR. MISC. No.32569 of 2023(3) dt.26-07-2023 2/2 specific overt act against the petitioner. He further submits that the injury found upon the victim is simple in nature. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Digha P.S. Case No.256/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T