Manish Kumar @ Kush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78542 of 2018 Arising Out of PS. Case No.-278 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Manish Kumar @ Kush Kumar son of Maheshwar Singh @ Maheshwer Prasad Singh, resident of village-Siraiya P.S. Sahebpur Kamal, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pranav Kumar, A.P.P.

Mr. Subhesh Pandey, Mr. Neeraj Kumar Panali Suraj KumarSingh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Sahebpur Kamal P.S. Case No. 278 of 2018, registered for offences punishable under Sections 341, 323, 307, 379, 504, and 506/34 of the Indian Penal Code and under Section 27 of Arms Act.

Allegation as per F.I.R. is that the petitioner along with other co-accused persons assaulted with fist and slaps to the brother of the informant and when the informant tried to rescue his brother then petitioner assaulted with iron rod over the head of the informant with intentions to kill him. Submission of the learned counsel for the petitioner is that the injury is simple in nature and the petitioner has falsely

Patna High Court Cr.Misc. No.78542 of 2018(2) dt.09-01-2019 2/2 been implicated on the basis due to the dispute with the brother of the informant due to non payment of salary. It is also submitted that the petitioner has no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released 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 the learned Additional Chief Judicial Magistrate- V, Begusarai in connection with Sahebpur Kamal P.S.Case No. 278 of 2018 , subject to the condition that as laid down under Section 438

(2) of the Code of Criminal procedure with conditions that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/- U T