Manoj Kumar @ Manoj Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31838 of 2015 Arising Out of PS.Case No. -211 Year- 2014 Thana -SALKHUA District- SAHARSA ====================================================== Manoj Kumar @ Manoj Mukhiya S/o Shri Chandra Narayan Yadav, of village - Murli Borba, P.S. Salakhua, District - Saharsa .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anuj Kumar Adv. For the Opposite Party/s : Mr. S.N.Shukla, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Salakhua P.S. Case No. 211 of 2014, disclosing offences under Sections 147, 148, 149 and 307 of the Indian Penal Code and under Section 27 of the Arms Act.

It appears to be an admitted fact that prior to institution of the present First Information Report on 24.10.2014, the petitioner had instituted the First Information Report on 20.10.2014 with respect to the same occurrence, which have taken place on 19.10.2014.

Learned counsel for the petitioner, referring to the First Information Report, submits that there is no specific allegation of

Patna High Court Cr.Misc. No.31838 of 2015 (2) dt.12-08-2015 2/2 any overt act against the petitioner, except an allegation that the petitioner's vehicle was parked near the place of occurrence. I find substance in the submission, made on behalf of the petitioner and hence, I am inclined to grant the privilege of anticipatory bail to the petitioner.

Accordingly, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Salakhua P.S. Case No. 211 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. 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 before the Court on two consecutive occasions, his bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J.) Vats/- U T