Manoj Rai @ Manoj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19219 of 2016 Arising Out of PS.Case No. -512 Year- 2011 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Manoj Rai @ Manoj Kumar Rai S/o Ramdeo Rai, Resident of villageJitbarpur Nijamat Kanhaiya Chouk, P.s.- Muffasil Samastipur, DistrictSamastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Ganesh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Samastipur Muffasil P.S.Case No. 512/2011, disclosing offences under sections 147, 148, 149, 447, 448, 397, 323, 302, 504, 120B of the Indian Penal Code.

First Information Report was lodged in the year 2011. It is the case of the petitioner that the police upon completion of investigation did not find any material against the present petitioner. The police, accordingly, submitted charge sheet against the other co-accused persons, but not against the petitioner on 30.4.2015.

Learned Sub-divisional Judicial Magistrate, Samastipur, however, differing with the police report, after taking

Patna High Court Cr.Misc. No.19219 of 2016 (2) dt.16-05-2016 cognizance has issued summons to the petitioner also, vide order dated 17.2.2016. The petitioner, accordingly, apprehends his arrest.

Learned counsel, appearing on behalf of the petitioner, has submitted that since investigation is complete, no tangible purpose would be served if the petitioner is taken into custody. He has further submitted that there is no material to show that the petitioner did not co-operate in course of investigation. It has further been submitted that there is no chance of the petitioner fleeing from the course of justice and he has no criminal antecedent.

Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Samastipur in Samastipur Muffasil P.S.Case No. 512/2011, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear

Patna High Court Cr.Misc. No.19219 of 2016 (2) dt.16-05-2016 before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U