Manohar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50492 of 2021 Arising Out of PS. Case No.-469 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== MANOHAR KUMAR Son of Tarkeshwar Prasad Verma Resident of Mohalla - Budholi, Police Station - Sheikhpura, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Arun Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The present matter has been taken up out of turn on the mentioning slip filed on behalf of the petitioner stating therein that the petitioner is a student and has to appear in the P.T. examination conducted by the Jharkhand Public Service Commission which is scheduled for 19.09.2021. Let the mentioning slip filed on behalf of the petitioner be kept on record.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 506, 379, 504 and 34 of

Patna High Court CR. MISC. No.50492 of 2021(2) dt.08-09-2021 2/3 the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the informant due to which he sustained injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The nature of injury is simple in nature. The injury report is Annexure-3 to the present application. Prior to the institution of the present case, a case was instituted by the accused side against the informant side of the present case and the present case is a counter blast of the earlier case instituted by the accused side.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 469

Patna High Court CR. MISC. No.50492 of 2021(2) dt.08-09-2021 3/3 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T