Manish Kumar @ Susil Singh Kushwaha ... vs The State Of Bihar on 5 October, 2023

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Patna High Court - Orders

Manish Kumar @ Susil Singh Kushwaha ... vs The State Of Bihar on 5 October, 2023

Bench: Anjani Kumar Sharan

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38143 of 2023
                   Arising Out of PS. Case No.-187 Year-2022 Thana- KESARIA District- East Champaran
                 ======================================================
                 MANISH KUMAR @ SUSIL SINGH KUSHWAHA @MANI SHANKAR
                 @ MANI SHANKAR KUMAR SON OF SUNIL BHAGAT @ SUNIL
                 SINGH KUSHWAHA RESIDENT OF VILLAGE MUSHRAKH (DIH), PS-
                 MUSHRAKH, DISTRICT- SARAN AT CHAPRA
                                                               ... ... Petitioner/s
                                          Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Baxi S.R.P. Sinha, Sr. Advocate
                                                  Mr. Manish Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

4   05-10-2023

Heard Mr. Baxi S.R.P. Sinha, learned senior counsel assisted by Mr. Manish Kumar Singh for the petitioner and Mr. Ram Bilash Roy Raman, learned A.P.P. for the State

2. The petitioner apprehends his arrest in Kesariya P.S. Case No. 187/2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354B, 379, 504 and 506 of the Indian Penal Code.

3. The petitioner in association of around seven unknown persons are said to have assaulted the informant and female artists and they also tried to outrage the modesty of female artists. They also snatched the mobile and cash of Rs.8,000/- from the informant.

4. It is submitted by learned counsel for the petitioner that no Patna High Court CR. MISC. No.38143 of 2023(4) dt.05-10-2023 2/2 such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further submitted that petitioner has no concern with the informant or the female artists. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.

5. Learned APP for the State vehemently opposing the bail petition submitted that the there is direct allegation against the petitioner to snatch the movable property of the informant and also to outrage the modesty of female artists.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/-

U       T

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Patna High Court - Orders