Himanshu Shekhar @ Prem @ Mannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51198 of 2015 ======================================================

1. Himanshu Shekhar @ Prem @ Mannu, Son of Arvind Kumar Singh, Resident of Village- Patni, P.S.- Ramgadhwa, District- East Champaran, At present Mohalla- Gobarsahi, P.S.- Sadar, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 379, 307 and 504 of the Indian Penal Code.

Allegation has been made against the petitioner that the informant and others have gone for playing the cricket. Petitioner and others have objected and demanded extortion of Rs.3,000/- and when it was refused a group of person including the petitioner have assaulted the informant and others. There is direct allegation of assault against the petitioner with iron rod.

Learned counsel for the petitioner submits that one day before there was altercation between children but later on it was dispute between two groups of elders for

Patna High Court Cr.Misc. No.51198 of 2015 (2) dt.30-01-2016 playing the cricket. Petitioner is a student of M.P. Singh Science College, Muzaffarpur and he is in jail since 22.6.2015.

Having considered the facts and circumstances of the case including the period of custody, let petitioner, Himanshu Shekhar @ Prem @ Mannu, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpour Sadar P.S. Case No. 304 of 2015, subject to the conditions that (i) one of the bailors shall be father of the petitioner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.

Vinay/- (Shivaji Pandey, J) U T