Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39682 of 2024 Arising Out of PS. Case No.-224 Year-2024 Thana- KANKARBAG District- Patna ====================================================== Manish Kumar, Son Of Vidyanand Singh, Resident Of R.M.S. Colony, Near Subham Apartment, Police Station - Kankarbagh, District - Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Neerad Parashar For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-08-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 420, 504, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act and Section 11 of Bengal Gambling Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while he was on patrolling duty at 2.30 A.M. on 29.03.2024, when he received an information that petitioner and other named accused persons have gathered and are betting on IPL Cricket Match and are indulging in firing. Accordingly, he reached the place of occurrence and Rohit
Patna High Court CR. MISC. No.39682 of 2024(3) dt.21-08-2024 2/3 Kumar was apprehended, who disclosed the name of the petitioner and other co-accused and several articles as detailed in the F.I.R. was seized including a cartridge.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case and he was not apprehended from the spot as his name transpired in the case based on confessional statement of Rohit in police custody, which does not have any evidentiary value. It is also submitted that petitioner is a person with clean antecedent and is not a criminal. It is also submitted that petitioner will not abscond rather will cooperate in the investigation.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Prafull Kumar Singh, the learned Judicial Magistrate, 1st Class, Patna in connection with Kankarbagh P. S. Case No.224 of 2024, subject to the conditions laid down under
Patna High Court CR. MISC. No.39682 of 2024(3) dt.21-08-2024 3/3 Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T