Patna High CourtCR. MISC./65391/2023bail granted

Manoj Mahto @ Manoj Kumar v. The State Of Bihar

2023-11-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65391 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- GWALPARA District- Madhepura ====================================================== 1.

MANOJ MAHTO @ MANOJ KUMAR Son of Domi Mahto R/o vill - Jhalari ward no. 02, P.S. - Gwalpara, Distt. - Madhepura 2.

Akhilesh Kumar Son of Domi Mahto R/o vill - Jhalari ward no. 02, P.S. - Gwalpara, Distt. - Madhepura 3.

Domi Mahto Son of Baleshwar Mahto R/o vill - Jhalari ward no. 02, P.S. - Gwalpara, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-11-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Gwalpara P.S. Case No. 75 of 2023 dated 05.05.2023 registered for the offences punishable u/ss 147, 148, 149, 341, 342, 323, 186, 353, 332, 333, 399 and 504 of the Indian Penal Code and u/s 45 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have caused hindrance in the discharge of official duties while police raided the house of the petitioner Manoj Mahto.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.65391 of 2023(2) dt.06-11-2023 2/2 that the petitioners have falsely been implicated in this case. It is further submitted that the petitioners have no concern with the alleged offence. The co-accused persons have already been granted anticipatory bail by this court vide order dated 31.10.2023 passed in Cr. Misc. No. 66669 of 2023. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Madhepura in connection with Gwalpara P.S. Case No. 75 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T