Manoj Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26721 of 2017 Arising Out of PS.Case No. -972 Year- 2016 Thana -BANKA District- BANKA ======================================================
1. Manoj Raut, son of Murari Raut, resident of Village- Sanhoula, P.S.- Banka, District- Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 Heard the parties.
The petitioner seeks regular bail in connection with Banka P.S.Case No.972 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 447, 338, 307, 302, 504 & 506 of the Indian Penal Code and Section 3⁄4 of Explosive Substance Act.
As per the F.I.R., an unlawful mob assembled to put the flag on the land of the informant and the deceased and when the deceased started fleeing, one of the accused persons exploded bomb causing his death.
It is submitted on behalf of the petitioner that except that he is only member of the unlawful mob, there is nothing against him and allegation of explosion of bomb is on some other accused persons. The petitioner is in custody for more than three months. It is also submitted that the other co-accused persons have already
Patna High Court Cr.Misc. No.26721 of 2017 (3) dt.30-06-2017 2/2 been granted bail, vide order dated 15.5.2017 passed in Cr. Misc. No.16305 of 2017 and order dated 19.4.2017 passed in Cr. Misc. No.14876 of 2017.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Banka in connection with Banka P.S.Case No.972 of 2016.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U