Arun Kumar @ Arun Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73138 of 2023 Arising Out of PS. Case No.-572 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Arun Kumar @ Arun Kumar Mahto S/o Jagdish Mahto R/o village- Laguniya Suryakanth, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Samastipur Muffasil P.S. Case No. 572 of 2022, instituted under Sections 147, 149, 341, 323, 332, 333, 306, 353 of the Indian Penal Code.

3. As per the prosecution case, on the information that country made Chulai liquor is being manufactured and sold by one Kailash Mahto, the informant reached at the place of occurrence. It is alleged that local people and 17 named persons including the petitioner after making unlawful assembly surrounded the police party and made attack upon them causing injuries.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.73138 of 2023(2) dt.10-11-2023 2/2 petitioner is innocent having no criminal antecedent. He has not committed any offence. He has falsely been implicated in this case. There is general and omnibus allegation has been levelled against the petitioner. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court, vide order dated 30.08.2023 passed in Cr. Misc. No. 56396 of 2023.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Samastipur Muffasil P.S. Case No. 572 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T