Hemant Kumar @ Mantu Kesari @ Hemant Prasad Keshari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61790 of 2024 Arising Out of PS. Case No.-216 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Hemant Kumar @ Mantu Kesari @ Hemant Prasad keshari Son of Late Ramesh Prasad Village - Thakurbari (Nakchhed tola),P. S - Motihari Town , District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 188, 447, 327/34 of the Indian Penal Code.
3. According to F.I.R., this petitioner, along with two other F.I.R. named accused persons, was constructing brick wall without permission of the concerned authority.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. The joint report of Halka Karamchari and Anchal Amin shows that petitioner is running shop No. 80 in Meena Bazar at Motihari and rent is being paid to the Government of Bihar, receipt of the which is being issued in the name of Rameshwar Prasad, who is
Patna High Court CR. MISC. No.61790 of 2024(3) dt.01-10-2024 2/2 father of this petitioner. Moreover, dispute is of civil nature and petitioner 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, Motihari, East Champaran in connection with Motihari Town P. S. Case No. 216 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T