Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37593 of 2023 Arising Out of PS. Case No.-373 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

MANISH KUMAR Son of Kailash Sharma Resident of village - Sahabad, P.S. - Sultanganj, Distt. - Bhagalpur 2.

Bikki Kumar son of Kailash Sharma Resident of village - Sahabad, P.S. - Sultanganj, Distt. - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 448, 341, 323, 327, 325, 307, 504, 506, 34 of the IPC.

3. As per the prosecution case, the petitioner and other coaccused persons are said to have assaulted the informant and his family members by means of various weapons.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the

Patna High Court CR. MISC. No.37593 of 2023(3) dt.17-08-2023 2/2 petitioners is not specific rather general and omnibus in nature. The specific allegation is against the co-accused Kailash Sharma, who assaulted the injured Nutan Devi and her injury was found grievous in nature and the injury of Hira Lal Sharma was found simple in nature, which is clear from the injury report enclosed in the case diary. Petitioners have no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each 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 Sultanganj P.S. Case No.373 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T