Badri Kumar @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43908 of 2023 Arising Out of PS. Case No.-397 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== Badri Kumar @ Manish Kumar Son Of Late Samoli Kumar Resident Of Village- Shree Rampur Thuthi, Ps- Parbatta, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Parbatta P.S. Case No. 397 of 2022 dated 12.09.2022 G.R. No. 2565/2022, instituted for the offence punishable under Sections 341, 323, 324, 325, 307, 335, 379, 436, 353, 147, 149, 427 of the Indian Penal Code.
3. The prosecution story, in brief, is that on 11.09.2022 petitioner along with 32 named accused persons and 200-250 unknown miscreants attacked the office of S.P. Singla Camp with intention to set it on fire. It is further alleged that they assaulted the employees and also damaged different
Patna High Court CR. MISC. No.43908 of 2023(2) dt.04-08-2023 2/3 equipments in the office and took with them CCTVs, Hard disks, SSD Cards and laptops.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioner although he is one of the members of the mob nothing has been disclosed against the petitioner about assault. There is no any specific allegation against the petitioner either to damage any article or to assault to any one or to take any article or to take money but his name has been transpired only on the basis of suspicion as he is a resident of Village- Sri Rampur Thuthi, P.S.- Parbatta, District- Khagaria. Lastly, it has been submitted that he has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Parbatta P.S. Case No. 397 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.43908 of 2023(2) dt.04-08-2023 3/3 Sub Divisional Judicial Magistrate, Khagaria, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T