Patna High CourtCR. MISC./80406/2024bail granted

Munshi Kumar @ Manjesh Kumar @ Manjesh v. The State Of Bihar

2024-12-09Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80406 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- FCI District- Begusarai ====================================================== Munshi Kumar @ Manjesh Kumar @ Manjesh Son of Mahesh Singh Resident at Nagar Parishad Bihat Ismailpur Tola, Ward No.19, P.S. - FCI, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of F.C.I. Police Station Case No. 34 of 2024, dated 01.09.2024, disclosing offences punishable under Sections 317(4)/317(5)/3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 (1-b)a/26/35 of the Arms Act.

3. The prosecution case, as per the First Information Report lodged by A.S.I. Manoranjan Kumar Mandal, is that on 01.09.2024, in the morning, while he, along with the police force, was on patrolling, he received secret information that some persons are planning for loot and

Patna High Court CR. MISC. No.80406 of 2024(2) dt.09-12-2024 2/3 dacoity near Jalelpur Tola and on receiving this information, he reached the place of occurrence and on seeing the police, 5-6 persons started fleeing away, but the police, on chase, apprehended two persons, namely, Chotu Kumar and Amit Kumar, who disclosed the name of the petitioner and three others as the persons who fled away. On search, the police recovered one loaded country-made pistol each from the arrested co-accused persons.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the name of the petitioner transpired in this case on the disclosure made by the arrested co-accused, namely, Chotu Kumar, who happens to be the agnate of the petitioner and due to village politics, he has been dragged in this case. He further submits that the petitioner is a student and is only 19 years old and he has got no criminal antecedent.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner is 19 years old, having no criminal antecedent and his name transpired in this case on the

Patna High Court CR. MISC. No.80406 of 2024(2) dt.09-12-2024 3/3 basis of disclosure of his name by the arrested co-accused persons, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with F.C.I. Police Station Case No. 34 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √