Manish Kumar Mourya @ Manish Maurya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68888 of 2022 Arising Out of PS. Case No.-180 Year-2022 Thana- AMAS District- Gaya ====================================================== MANISH KUMAR MOURYA @ MANISH MAURYA S/o Ram Chandra R/o Mohalla- Sirsa Chauraha, Allahabad, P.S.- Sarai Mamrej, District- Prayagraj (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 328 and 304 of the Indian Penal Code and Sections 34(b)(i), 37(i) of the Bihar Excise Act.

The informant alleges that he received secret information regarding some suspected persons who had come to hospital for treatment out of which two persons were sent for better treatment and it also came to notice of the informant that victims have purchased liquor from three accused persons, further two of the victims died during the course of treatment. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68888 of 2022(2) dt.19-12-2022 2/3 petitioner is a person with clean antecedent and was not apprehended from the spot as such nothing was recovered from his conscious possession, it is also submitted that petitioner is a businessman and he does the business of Hand Sanitizer and based on suspicion he came to be implicated, it is also submitted that petitioner is not named in the FIR, it is further submitted that co-accused Deepak Verma has been granted regular bail by Order Dated 22.09.2022 in Cr. Misc. No. 36666 of 2022 by a learned Coordinate Bench and the case of the petitioner is also on identical footing, it is thus submitted that merely because the co-accused has been granted Regular bail, the petitioner should not be sent to jail in the nature of allegation as alleged. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Amas P.S. Case No.

Patna High Court CR. MISC. No.68888 of 2022(2) dt.19-12-2022 3/3 180 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has any criminal antecedent then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) GauravSinha/- U T