Surpunch Ajay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12168 of 2019 Arising Out of PS. Case No.-168 Year-2018 Thana- MANPUR District- Nalanda ====================================================== SURPUNCH AJAY PRASAD, aged about 45 years, (Male), Son of Yugal Mahto R/o village- Singthu, P.S- Manpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 147, 148, 149, 307, 353, 337, 504 and 506 of the Indian Penal Code. Informant has alleged that he received a secret information that Navnit Kumar is involved in unlawful activities and his house was raided by informant with other police personnels then petitioner, his brother and 20-30 other villagers assembled and started quarrel with raiding party and started pelting bricks as a result of which police persons became injured.

Patna High Court CR. MISC. No.12168 of 2019(2) dt.11-03-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. No incriminating article has been recovered from the possession of the petitioner. Petitioner is in custody since 05.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Manpur P.S. Case No. 168 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will

Patna High Court CR. MISC. No.12168 of 2019(2) dt.11-03-2019 3/3 be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T