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Patna High CourtCR. MISC./61751/2023allowed

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

2023-10-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61751 of 2023 Arising Out of PS. Case No.-1037 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== KISHTO YADAV @ MANISH YADAV @ MANISH KUMAR S/O SURENDRA YADAV @ SITARAM YADAV R/O VILLAGE- BIND TOLA, MARNAGA, PS. K. HAT MARANGA, DIST. PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 353 and other allied Sections of the Indian Penal Code.

3. Allegedly, the informant, who is a police officer was on duty during Durga Puja. The petitioner assaulted one Indu Sinha and when the informant intervened in the matter, the petitioner assaulted him with fists and slaps. When the informant caught hold the petitioner, the co-accused persons rescued the petitioner from police custody.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He submits that for

Patna High Court CR. MISC. No.61751 of 2023(2) dt.17-10-2023 2/2 the same occurrence two FIR has been lodged, one by the present informant and another by Indu Sinha. He further submits that the co-accused persons have been granted bail by a coordinate Bench of this Court vide order dated 30.05.2023 passed in Cr. Misc. No.17367 of 2023. Petitioner has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as the similarly situated co-accused persons have been granted bail, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with K.Hat (Maranga) P.S. Case No.1037 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T