Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59550 of 2023 Arising Out of PS. Case No.-182 Year-2020 Thana- PUNPUN District- Patna ====================================================== Manish Kumar S/O Dharmdev Paswan Village Chapaur, P.S Masaurhi, DistPatna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudra Deo, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Punpun P.S. Case No. 182 of 2020 registered for the offences punishable under Sections 447, 341, 323, 307, 387, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act. He has got no criminal antecedent.
3. As per the prosecution story, on 09.08.2020 at 03:00 P.M., all the accused persons including this petitioner came at the house of the informant and started demanding Rs.1 lakh as rangdari and when the informant protested, they assaulted him and his niece, namely, Binod Kumar, in the meantime, villagers came there and co-accused Chitranjan @ Soli Kumar ordered to fire, thereafter, co-accused Poonam Paswan and co-accused Ajay Ram started firing and fled away.
Patna High Court CR. MISC. No.59550 of 2023(2) dt.18-10-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the allegations against the petitioner are general and omnibus in nature.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the facts and circumstances of the case wherein it is stated that there is no allegation of firing against this petitioner, the allegations against him are general and omnibus and further that co-accused Satish Kumar @ Poonam Paswan has been granted privilege of anticipatory bail by a learned Co-ordinate Bench of this Court in Cr. Misc. No. 8936 of 2023, the petitioner has otherwise no criminal antecedent, hence, this Court directs that in case of his arrest or surrender within a period of six weeks from today, the petitioner above named be released on bail in connection with Punpun P.S. Case No. 182 of 2020 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Masaurhi, Patna, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall
Patna High Court CR. MISC. No.59550 of 2023(2) dt.18-10-2023 3/3 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T