Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57686 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- MAHUA District- Vaishali ====================================================== 1.

Manish Kumar S/O Surendra Rai @ Bullu Rai R/O Village- Kanhauli Mansipur, P.S- Mahua, District.- Vaishali.

2.

Channu Rai S/O Late Devendra Rai R/O Village- Kanhauli Mansipur, P.SMahua, District.- Vaishali. 3.

Nand Kishore Rai @ Pallu Rai S/O Late Ramji Rai R/O Village- Kanhauli Mansipur, P.S- Mahua, Distt.- Vaishali.

4.

Baldeo Rai S/O Mangru Rai R/O Village- Kanhauli Mansipur, P.S- Mahua, District.- Vaishali.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Vashist, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Mahua P.S. Case No. 163 of 2022 registered for the offence punishable under Sections 341, 323, 324, 379, 504, 354 B, 506 / 34 and 307 of the Indian Penal Code.

3. As per the F.I.R., altogether 32 persons assaulted the informant, his wife and other family members.

Patna High Court CR. MISC. No.57686 of 2023(2) dt.13-09-2023 2/3

4. Learned counsel for the petitioners submits that petitioners have committed no offence and have falsely been implicated in this case due to village politics. There is case and counter case between the parties. The entire prosecution case is false and concocted. He further submits that similarly situated co-accused persons have already been granted anticipatory bail by Coordiante Bench of this Court vide orders dated 31.05.2023 and 19.06.2023 in Cr. Misc. No. 17827 of 2023 and Cr. Misc. No. 65607 of 2022 respectively. Petitioner Nos. 1, 3 and 4 have no criminal antecedent however petitioner No. 2 has one criminal antecedent in which he is on bail.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 163 of 2022, subject to the conditions laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.57686 of 2023(2) dt.13-09-2023 3/3 Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashutosh/- U T