Munna Kumar @ Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66829 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Munna Kumar @ Munna Yadav Son of Arjun Singh @ Arjun Yadav Resident of Village - Nayachak Golki More, P.S. - Ramkrishna Nagar, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Srivastava For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Ramkrishna Nagar P.S. Case No. 97 of 2024 registered for the offences punishable under Sections 147, 148, 149, 307, 504, 382, 353 and 427 of the Indian Penal Code.

3. As per prosecution case, informant along with police party reached at the place of occurrence and they saw 400-500 local residents were assaulting two miscreants. It is alleged that in the process of rescuing two miscreants, the police party were attacked by local people. It is further alleged that on the basis of CCTV footage and secret information, petitioner is one among them who is said to have attacked the police party and instigated the crowd.

Patna High Court CR. MISC. No.66829 of 2024(2) dt.18-10-2024 2/3

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. He further submits that no specific overt-act has been attributed against the petitioner. Petitioner is merely a member of mob. Petitioner bears no criminal antecedent. He further submits that similarly situated co-accused Amit Kumar @ Amit Yadav has already been granted privilege of anticipatory bail by this Court vide Cr. Misc. No. 31414 of 2024 and on the principle of parity petitioner also deserves anticipatory bail.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, co-accused has already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in

Patna High Court CR. MISC. No.66829 of 2024(2) dt.18-10-2024 3/3 connection with Ramkrishna Nagar P.S. Case No. 97 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T