Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8489 of 2020 Arising Out of PS. Case No.-839 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== MANISH KUMAR Son of Abadh Bihari Singh R/O - Rajan Diah, P.S.- Kochal, District- Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends his arrest in connection with Sasaram Town P.S. Case no. 839 of 2019 instituted for the offence under Section(s) 379 ,414 and 511 of the Indian Penal Code.

The parked motorcycle of the informant is said to have been taken away by two persons. One Dipanshu Kumar Rai has

Patna High Court CR. MISC. No.8489 of 2020(2) dt.02-03-2020 2/3 been apprehended with the motorcycle. It is upon his disclosure that petitioner has been implicated as the other person on the motorcycle who fled away.

It is submitted by the petitioner's counsel that he was not arrested from the spot nor any recovery has been made from the petitioner. He is having no criminal antecedents and it is out and out a false case. Submission is of false implication and that no such occurrence has taken place.

The learned APP for the State opposed the prayer for anticipatory bail.

Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Sasaram (Rohtas), in connection with Sasaram Town P.S. Case no. 839 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how

Patna High Court CR. MISC. No.8489 of 2020(2) dt.02-03-2020 3/3 he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U