Manish Kumar @ Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68149 of 2023 Arising Out of PS. Case No.-214 Year-2021 Thana- SOHSARAI District- Nalanda ====================================================== Manish Kumar @ Manish Yadav Son of Late Rani Yadav R/O Vill - Rahui Bazar, P.S. - Rahui, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sohsarai P.S. Case No. 214 of 2021 instituted for the offences under Sections 147/341/323/504/307 of the Indian Penal Code.

3. The prosecution case, in short, is that on 15.10.2021 at about 7.30 PM, the Informant was standing at the gate of Dargah. In the meantime, 15/20 persons assembled there and asked the Informant as to why he was standing there and started to assault him as a result of which he sustained bleeding injury on his head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.68149 of 2023(3) dt.22-12-2023 2/2 present case. The petitioner is not named in the F.I.R. rather his name has surfaced in this case on the disclosures made by coaccused/Prakash Kumar. The Injury received by the Informant is simple in nature. He further submits that the petitioner is a social activist who used to raise voice against the highhandedness of local police due to which the police has falsely implicated the petitioner in the present case. The petitioner has three criminal antecedents but, in all, he is on bail. The petitioner is languishing in judicial custody since 08.02.2023. Charge has also been framed against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sohsarai P.S. Case No. 214 of 2021. (Rudra Prakash Mishra, J) rishi/- U T