Manoj Ram @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20618 of 2016 Arising Out of PS.Case No. -212 Year- 2015 Thana -BARGANIA District- SITAMARHI ====================================================== Manoj Ram @ Manoj Kumar son of Bedani Ram, resident of villageAkhata, P.S.- Bairginia, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Jha, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bairginia P.S. Case No. 212 of 2015 registered under Sections 147, 148, 149, 342, 109, 110, 332, 333, 353, 504 and 120B of the Indian Penal Code.

It is Submitted by the learned counsel for the petitioner that the allegation that the petitioner was one of the members of the protesting party which was raised slogan against the inaction of the police in arresting an accused in connection with a case is absolutely false. He has submitted that the petitioner has become a victim of mistaken identity. He has never ever been made accused in any other criminal case. He has further submitted that even if

Patna High Court Cr.Misc. No.20618 of 2016 (2) dt.26-05-2016 2/2 the entire allegations are taken to be true, the offence punishable under Section 333 of the Penal Code would not be applicable. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bairginia P.S.Case No.212 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T