Manjan Kumar @ Manjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5029 of 2023 Arising Out of PS. Case No.-63 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== MANJAN KUMAR @ MANJAY KUMAR S/o Mithilesh Singh R/o VillageMustafapur Maniyarpur, P.S.- Bidupur, Distt- Vaishali. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking pre-arrest bail in connection with Bidupur P.S. Case No.- 63 of 2022 registered for the offences punishable under Sections 147, 148, 447, 341, 323, 379, 307, 504 and 506 of the Indian Penal Code. As per the prosecution story, on 07.02.2022 at 8:00 P.M. when the informant was at his door, the petitioner and other accused persons armed with deadly weapons came and started abusing and assaulting the informant. They snatched a gold chain from his neck and Rs. 10,000/- cash from his pocket. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is no specific allegation against the petitioner and the injury is simple in nature. The co-accused
Patna High Court CR. MISC. No.5029 of 2023(2) dt.16-05-2023 2/3 Umesh Singh @ Langar Singh similarly situated has been granted anticipatory bail by this Court in Cr. Misc. No. 25175 of 2022.
Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
Having regard to the facts and circumstances of the case, wherein it is the submission of learned counsel for the petitioner that there is no specific allegation against him, the injury is simple in nature and the co-accused similarly situated has been granted anticipatory bail by this Court in Cr. Misc. No. 25175 of 2022, the petitioner has otherwise no criminal antecedent, this Court directs release of the petitioner above named on bail in the event of his arrest or surrender within a period of four weeks from today in connection with Bidupur P.S. Case No.- 63 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal
Patna High Court CR. MISC. No.5029 of 2023(2) dt.16-05-2023 3/3 antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.
(Rajeev Ranjan Prasad, J) tusharika/- U T