Patna High CourtCR. MISC./37146/2025bail granted

Manish Kumar @ Manish Kumar Yadav v. The State Of Bihar

2025-07-02Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37146 of 2025 Arising Out of PS. Case No.-307 Year-2022 Thana- BIHTA District- Patna ====================================================== Manish Kumar @ Manish Kumar Yadav S/o Rama Shankar Prasad Singh @ Bam Shankar Yadav Village - Banstal, P.S. - Ara Nagar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar .

For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Bihta P.S. Case No. 307 of 2022 dated 02.04.2022 registered for the offence/s punishable u/ss 385, 387 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, on 02.04.2022 at about 11.00 AM, the informant received a Whatsapp call on his Whatsapp no. 9334970689 from mobile no. 8521764638 and he was asked to give ten lakh rupees otherwise he will have to face dire consequences. Thereafter, at 3.30 PM five unknown persons on two motorcycle came at the house of the informant and fired about 20-25 rounds. They also damaged the

Patna High Court CR. MISC. No.37146 of 2025(2) dt.02-07-2025 2/3 motorcycle of one of the villagers, namely, Nepali Saw by firing. Thereafter, they fled away by threatening of dire consequences.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Ravi Shankar @ Raja. The mobile number mentioned the FIR does not belong to the petitioner. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted anticipatory bail by the co-ordinate bench of this court vide order dated 20.09.2023 passed in Cr. Misc. No. 58738 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.37146 of 2025(2) dt.02-07-2025 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Danapur in connection with Bihta P.S. Case No. 307 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T