← Library
Patna High CourtCR. MISC./33698/2023allowed

Manas Kumar v. The State Of Bihar

2023-08-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33698 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== MANAS KUMAR Son of Bhupendra Yadav Resident of village - Madhepura ward no. 5 College Chauk, P.S. - Madhepura, Distt - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 307 and other allied Sections of the Indian Penal Code as well as Section 27 of Arms Act.

3. Allegedly, the petitioner and other co-accused persons, forcibly tried to get the informant execute a sale deed in their favour. When the informant refused to do so, the petitioner ordered to kill the informant, on which the accused persons started firing and assaulted the informant and others.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.33698 of 2023(3) dt.21-08-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the doctor has opined the injury as simple injury, caused by hard and blunt substance. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no fire arm injury and the injury is simple in nature, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty 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 Madhepura P.S. Case No.01 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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