Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64259 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== MANOJ KUMAR Son of Late Baban Yadav R/v- Salthar, P.S.- Udawantnagar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Prasad Gupta, Advocate For the Opposite Party/s :
Mr.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and the learned APP for the State The petitioner apprehends his arrest in connection with Udawantnagar P.S. Case No.159 of 2022 instituted under Sections 323, 341, 307, 379, 504, 506/34 of the IPC. As per the prosecution story, the informant alleged that the accused persons came to her door, abused and assaulted with the butt of pistol causing injury to the informant's side. The further allegation is of snatching gold chain and Rs.16,000/-. Accordingly, the FIR.
Learned counsel for the petitioner submits that both
Patna High Court CR. MISC. No.64259 of 2022(2) dt.11-04-2023 2/3 the side are neighbour, there is case and counter case. While the case of accused side is Udawantnagar P.S. Case No.155 of 2022, that of the informant's side is Udawantnagar P.S. Case No.159 of 2022, which clearly shows that its an afterthought. It is further submission that the injuries have been found to be simple in nature. The last submission is that they being neighbour, irrespective of the outcome of the present petition the petitioner would like to contribute Rs.25,000/- towards medical assistance.
Learned APP on the other hand opposes the prayer for anticipatory bail.
Taking into account the fact that there is no criminal antecedent, case and counter case, injuries are found to be simple in nature, this Court is inclined to extend them privilege of anticipatory bail, subject to payment of Rs.25,000/- as stated above.
Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Udawantnagar P.S. Case No.159 of 2022 to the satisfaction of
Patna High Court CR. MISC. No.64259 of 2022(2) dt.11-04-2023 3/3 learned Chief Judicial Magistrate, Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /- U T