Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56665 of 2023 Arising Out of PS. Case No.-343 Year-2023 Thana- PIRBAHOR District- Patna ====================================================== Manish Kumar S/O Yogendra Ram R/O Sandalpur, P.S- Alamganj, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-08-2023 Heard Ld. counsel for the petitioner and the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Pirbahore P.S. Case No. 343 of 2023, registered for the offences punishable under Sections 384, 504 and 506 of the Indian Penal Code.

3. The prosecution case as emerging from the FIR is that on 05.05.2023 when the informant arrived at PMCH, Patna, the accused-petitioner demanded Rs. 4,000/- in lieu of the dead body of his brother.

4. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that as per allegation, no case is made out under Section 384 because as per the allegation there is

Patna High Court CR. MISC. No.56665 of 2023(2) dt.30-08-2023 2/3 demand of Rs. 4,000 from the informant. As such, the alleged facts and circumstances does not constitute offence under Section 384 Cr.P.C. though allied sections are pity in nature.

5. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents.

6. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

7. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.

8. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. C.J.M., Patna, in connection with Pirbahore P.S. Case No. 343 of 2023, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

Patna High Court CR. MISC. No.56665 of 2023(2) dt.30-08-2023 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bond of the petitioner.

9. Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J) ashishkr/- U T