Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19469 of 2019 Arising Out of PS. Case No.-8 Year-2011 Thana- BAGENGOLA District- Buxar ====================================================== Manoj Singh, s/o Ram Pravesh Singh R/o village- Bagen, P.S.- Bagen Gola, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajib Ranjan Jha For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Bagen Gola P.S. Case No.08 of 2011 for the offence punishable under Sections 302 and 201 of the Indian Penal Code. The allegation against the petitioner as per the First Information Report is that Dafadar informed the police about the headless dead body lying near the well of Gosli Miyan. After deep search, dead body along with military coloured bag was recovered which contained the knife which had allegedly been used for commission of the offence and military coloured bag was found blood stained alongwith iron implements like knife etc. It has further been alleged that around the dead body, a black coloured bag of Adidas make was also found containing a SIM

Patna High Court CR. MISC. No.19469 of 2019(4) dt.24-07-2019 2/3 card and identity card of one Md. Sarfaraj Anwar and the another SIM was in the name of Baby Ekta Yadav. It has further been alleged that Md. Sarfaraj Anwar is teacher/ supervisor at Amir High School, Bagen, Buxar.

Learned counsel, Mr. Rajeev Ranjan Jha, appearing for the petitioner submits that petitioner is not named in the FIR and he has only been implicated on the fact that he happened to be the brother of Baby Ekta Yadav with whom Md. Sarfaraj Anwar, the deceased was working in a school as a teacher. He further submits that the police investigated the matter and submitted final form not sending the petitioner for trial. The final form / chargesheet has been submitted against unknown persons.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that final form not sending the petitioner for trial has been submitted by the police after investigation and the chargesheet has been submitted against unknown persons, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner is directed to surrender before the learned Court below within a period of four weeks

Patna High Court CR. MISC. No.19469 of 2019(4) dt.24-07-2019 3/3 and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Buxar, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T