Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65196 of 2024 Arising Out of PS. Case No.-346 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Manish Kumar Son of Manoj Kumar Prasad R/o Village- Kaladi, P.S.- Parasbigha in the district of Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Makhdumpur Police Station Case No. 346 of 2023, dated 03.05.2023, disclosing offences punishable under Sections 147/148/149/341/323/427/506/379 of the Indian Penal Code and Section 25 (ix)/27 of the Arms Act.
3. The prosecution case, as per the First Information Report, is that during the marriage celebration of the informant's son, when exchange of garland was going on, co-accused Roshan Kumar, along with 8-10 other co-accused persons, started indiscriminate firing, as a result of which there was chaos in the baraat party. It has also been alleged that the accused persons snatched money and
Patna High Court CR. MISC. No.65196 of 2024(2) dt.21-10-2024 2/3 golden chain.
4. Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has been made accused on the basis of disclosure of his name by the co-villager. There was scuffle during the marriage ceremony between the villagers, however, nobody has sustained bullet injury and both he parties have compromised and have also filed a joint compromise petition, dated 08.07.2024, before the learned Sessions Judge, Jehanabad.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner is not named in the First Information Report and no specific allegation is levelled against him in the First Information Report, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th
Patna High Court CR. MISC. No.65196 of 2024(2) dt.21-10-2024 3/3 Additional Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur Police Station Case No. 346 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √