Manohar Kumar @ Manohar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68065 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- ISMAILPUR District- Bhagalpur ====================================================== Manohar Kumar @ Manohar Paswan, Son of Vilash Paswan R/o VillageMeghal Tola, P.S.- Nawgachhiya, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 353, 504, 34, 188 of the I.P.C. and Section 37 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on information, the police force reached at the place of occurrence and saw that people of two group are quarrelling and some people are seriously injured. Accordingly, the informant tried to pacify the matter then one person abused and attacked the informant by fist on account of which, he got injured and one police constable was also injured and one person, Rakesh Kumar, who attacked on police personnel got arrested, who disclosed the name of the petitioner.

Patna High Court CR. MISC. No.68065 of 2024(2) dt.19-09-2024 2/2

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of apprehended accused in police custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IX-cumIncharge Special Excise Judge-1, Bhagalpur in connection with Ismilepur P. S. Case No.40 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T