Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73699 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Manish Kumar Son of Sanjay Kumar @ Lal Babu, Resident of - Ward No.- 16, Kurtha, Sahebpur Kamal, P.S.- Sahebpur Kamal, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate.

For the Opposite Party/s :

Mr. Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sahebpur-Kamal P.S. Case No. 81 of 2023 instituted under Sections 447, 448, 323, 384, 327, 307, 379 and 120(B) of the Indian Penal Code.

3. As per the prosecution case, the petitioner gave a blow from a pistol causing head injury to the informant when the informant had gone to his farm house. It has been alleged that accused persons took the golden chain from his neck, assaulted him by fists, slaps and lathi-danda.

4. Learned counsel for the petitioner submits that the informant filed a complaint petition before the learned Chief Judicial Magistrate, Begusarai who send the complaint petition for institution of F.I.R. He further submits that there is a land dispute between the parties due to which the informant has falsely made allegation against the petitioner. He also submits

Patna High Court CR. MISC. No.73699 of 2023(2) dt.01-12-2023 2/2 that injury is simple in nature which is caused by hard and blunt substance and the criminal antecedent of petitioner is clean.

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

6. Considering the facts and circumstances of the case and submissions 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/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Begusarai in connection with Sahebpur-Kamal P.S. Case No.81 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J.) Ritik/- U T