Manjay Kumar Yadav @ Manjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89309 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== 1 .

Manjay Kumar Yadav @ Manjay Rai S/O Arvind Bhagat Resident of Village- Adharpur, PS- Karpurigram, District- Samastipur 2.

Mukesh Prasad Yadav @ Mukesh Kumar S/O Shivaji Bhagat Resident of Village- Adharpur, PS- Karpurigram, District- Samastipur 3 .

Pappu Kumar @ Pappu S/O Naresh Ray Resident of Village-Motipur PSTajpur District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar , Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-01-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126(2), 115 (2), 118 (1) , 76, 109, 352, 351 ( 2 ), 3 (5) of Bhartiya Nyay Sanhita and Section 27 of Arms Act.

3 . As per the prosecution case , this petitioner along with other co-accused persons came on 8 to 9 motorcycles and abused the informant and family members and tore her apparel and one of the accused persons opened fire but did not hit

Patna High Court CR. MISC. No.89309 of 2024(2) dt.21-01-2025 2/3 anyone .

4. Learned counsel for the petitioners submitted that these petitioners is innocent and has falsely been implicated in this case . Allegation is general and omnibus. No specific overt act has been alleged against these petitioners. It is further alleged that during pendency of the case a good sense prevailed in between the parties and in this regard they have filed compromise petition . Petitioner No. 3 has got two criminal antecedents of Excise case in which he is on bail. 5 . Learned counsel for the State opposed the bail petition and submitted that petitioner No. 1 and petitioner No. 2 have got three criminal antecedents and most of them are of similar nature .

6. Considering the fact that petitioner No. 1 and petitioner No. 2 have got three criminal antecedents, their prayer for pre - arrest bail is rejected.

7. Considering the nature of accusation , and also the fact that petitioner No. 3 has got two criminal antecedents of excise act in which he is on bail and other circumstances of the case , in the event of arrest or surrender within eight weeks from today , let the petitioner No. 3 , (Pappu Kumar ) as named above, be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.89309 of 2024(2) dt.21-01-2025 3/3 Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Samastipur in connection with Musarigharari P.S. Case No. 115 of 2024 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T