Mohan Kumar @ Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77439 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== MOHAN KUMAR @ AVINASH KUMAR Son of Ramanuj Kumar @ Ramanuj Singh R/o vill - Madhurapur - Naukhutti, P.S. - Teghra, Distt. - Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Teghra P.S. Case No. 242 of 2023 dated 03.08.2023 registered for the offences punishable u/ss 448, 341, 323, 353, 504, 506, 307, 427 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant being the Sub Registrar alleged that the petitioner and the co-accused persons entered his office and assaulted him. They also destroyed the office furniture, threatened to kill and caused hindrance of the official duty.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the alleged offence. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.77439 of 2023(2) dt.09-01-2024 2/2 specific rather the specific accusation is against the co-accused Kunal Kumar who threw the chair on the head of the informant. The co-accused has already been granted anticipatory bail by the Coordinate Bench of this court vide order dated 07.11.2023 passed in Cr. Misc. No. 69071 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Teghra P.S. Case No. 242 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T