Mayank Kashyap @ Mayank Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40769 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Mayank Kashyap @ Mayank Kumar Son Of Shailesh Kumar Resident Of Village- Chand Parassa, Post- Bhagawatiya, Ps- Kesariya, Distt- East Champaran At Present Resident Of Village- Naya Tola , Bada Bariyapur, Police Station- Chhatauni, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Motihari Town P.S. Case No. 45 of 2023 registered for the offences punishable under Sections 341, 342, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner along with four-five unknown accused kidnapped his brother by forcefully making him sit in a car, accordingly the police was informed and on pressure of police, they left him in an injured condition and fled after snatching his

Patna High Court CR. MISC. No.40769 of 2023(2) dt.03-08-2023 2/3 locket and cash.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that brother of the informant works in a shop which carries business of tent and sound service and the petitioner along with his friends had gone to the shop and on dispute relating to some payment, an altercation took place on account of which both sides assaulted each other. It is further submitted that the informant realizing that it was not a case of kidnapping, filed a compromise petition on intervention of wellwishers, as would be evident from Annexure-2 to the anticipatory bail application. Learned counsel further submits that when the informant and victim are not ready to contest the case, would it be prudent to send the petitioner to jail when admittedly he is a person with clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.40769 of 2023(2) dt.03-08-2023 3/3 (Rupees Ten Thousand) 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 Motihari Town P.S. Case No. 45 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T