Manoranjan Kumar @ Manoranjan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49397 of 2023 Arising Out of PS. Case No.-307 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Manoranjan Kumar @ Manoranjan Tiwari Son Of Beni Madhav Tiwary R/OBharatpura, P.S.-G.B. Nagar, Distt.-SIWAN ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Kumari Anupam, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 & 34 of the Indian Penal Code.

3. As per the prosecution, the F.I.R. has been lodged against 4 named accused persons that they have attacked with hockey stick, rod and knife on the informant in connivance with each other. The specific allegation is against accused, namely, Abhijeet Tiwary who attacked by knife on the head of the informant due to which injury took place. The another allegation is against one Sharwan Tiwary who snatched the golden chain.

4. Counsel for the petitioner submits that petitioner is innocent and has committed no offence.

5. Counsel further submits that the cause of dispute

Patna High Court CR. MISC. No.49397 of 2023(2) dt.11-08-2023 2/2 has already been assigned in the fardbeyan that the children of the villagers, at the time of playing, created dispute which was settled upon interference of the guardians, but the allegation has been made that 3 accused persons including the petitioner has attacked on the informant.

6. Counsel further submits that there is no specific allegation against the present petitioner. He submits that the occurrence was alleged to took place on 05.12.2021 wherein, the F.I.R. has been lodged on 09.12.2021 as such, there is delay of 4 days which itself disclose that after pre-planned, this case was lodged.

7. Learned APP for the State opposes the prayer for bail.

8. In the facts and circumstances., let the abovenamed petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of 30000/- (thirty thousand) with two sureties of the like amount ₹ each to the satisfaction of the learned court of A.C.J.M.- IX, Siwan, in connection with G.B. Nagar P.S. Case No. 307 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) prakashmani/- U T