Munna Manjhi @ Munna Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35065 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- BHELDI District- Saran ====================================================== Munna Manjhi @ Munna Paswan, son of Mauji Lal Manjhi, R/o VillageRepura Ps- Bheldi Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner, in the present case, is seeking prearrest bail in connection with Bheldi P.S. Case No.8 of 2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 332, 353 and 379 of the Indian Penal Code. The petitioner has got one criminal antecedent in which he is said to be on bail.
3. As per the prosecution story, the allegation against the petitioner is that he had fled away when the police party caught him and was taking him to sit in the police jeep.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that there is no specific allegation
Patna High Court CR. MISC. No.35065 of 2024(2) dt.03-06-2024 2/3 of overt act against the petitioner.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the submission that the allegation against the petitioner is that he had fled away when the police party caught him and was taking him to sit in the police jeep, the petitioner has however only one criminal antecedent being Bheldi P.S. Case No.299 of 2022 registered under Section 30(a) of the Bihar Prohibition and Excise Act in which he is on bail and it is submitted that the police has falsely implicated him in this case only because of the past one antecedent, no overt act has been alleged against him and he is ready to cooperate with the investigation, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Saran at Chapra in connection with Bheldi P.S. Case No. 8 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at
Patna High Court CR. MISC. No.35065 of 2024(2) dt.03-06-2024 3/3 any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. And further condition that as and when required and informed by the Investigating Officer, the petitioner shall present himself for the purpose of investigation and shall cooperate with the same.
9. This application stands allowed.
(Rajeev Ranjan Prasad, J) arvind/- U T