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Patna High CourtCR. MISC./52871/2024bail granted

Manish Yadav @ Manish Kumar @ Abhiraj v. The State Of Bihar

2024-09-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52871 of 2024 Arising Out of PS. Case No.-1176 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Manish Yadav @ Manish Kumar @ Abhiraj Son Of Late Janardan Yadav Village-Morkahi, P.S. -Muffasil, DIstt. -Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 326, 307, 338/34 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. According to F.I.R., on account of land dispute, indiscriminate firing took place between two groups in which informant sustained firearms injury.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Allegation of firing is general and omnibus and no specific overt act is alleged against petitioner. It is further submitted that similarly situated co-accused has already been granted anticipatory bail by this Hon'ble Court vide order dated 26.06.2024 passed in Cr. Misc. No. 23267 of 2024. Petitioner

Patna High Court CR. MISC. No.52871 of 2024(2) dt.20-09-2024 2/2 has got clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P. S. Case No. 1176 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T