Manoj Kumar Ray @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36571 of 2019 Arising Out of PS. Case No.-294 Year-2018 Thana- PATORI District- Samastipur ====================================================== 1.
MANOJ KUMAR RAY @ MANOJ KUMAR Son of Ammak Ray 2.
Sunil Choudhary Son of Rajendra Choudhary both are residents of Village- Supaul Ward No.05, Police Station- Patori, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-08-2019 So far as petitioner no. 1 is concerned, his application for prayer of anticipatory bail has already been dismissed as infructuous.
Petitioner no. 2 apprehends his arrest in connection with Patori P. S. Case No. 294 of 2018 registered under Sections 3143 and 353 of the Indian Penal Code.
Allegation against the petitioner no. 2, as per FIR lodged by the Block Development Officer, Patori, stating therein, is that there was a dispute between the residents of Ward Nos. 5 and 6 relating to construction of road and when informant arrived to make enquiry regarding same, the named accused persons along with 40-50 unknown persons instigated the crowd which created
Patna High Court CR. MISC. No.36571 of 2019(4) dt.17-08-2019 2/3 hindrances in discharging the Government duty. Learned counsel appearing on behalf of the petitioner no. 2 submits that no specific allegation is there against the petitioner no. 2 rather the allegation is against six named as well as 40-50 unknown accused persons. Learned counsel further submits that similarly situated named accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court in Cr.Misc. No. 26335 of 2019, which is Annexure-2 to this application.
After having heard learned counsel for the parties and taking into consideration the fact that there is no specific allegation against the petitioner no. 2 and similarly situated accused persons have been granted privilege of anticipatory bail by a co-ordinate Bench of this Court, as such I am inclined to grant anticipatory bail to the petitioner no. 2. Let the petitioner no.2, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-4th, Samastipur in connection with Patori P.S.Case No. 294 of 2018; subject to condition as laid down
Patna High Court CR. MISC. No.36571 of 2019(4) dt.17-08-2019 3/3 under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T