Nagmani Kumar @ Nagmani Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45119 of 2015 Arising Out of PS.Case No. -21 Year- 2013 Thana -NIMCHAKBATHANI District- GAYA ====================================================== Nagmani Kumar @ Nagmani Yadav, son of Devanandan Prasad @ Devanandan Yadav, resident of Village- Chandachak, P.S.- Neemchak, Bathani, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Smt. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-02-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Neemchak Bathani P.S. Case No. 21/2013, registered on 26.2.2013 disclosing offences under sections 341, 342, 323, 325, 307 and 302 of the Indian penal Code.

Learned counsel for the petitioner submits that the petitioner was not named in the First Information Report. The informant claimed to be the eye witness. However, in the statement recorded on 17.5.2013 under section 164 of the Code of Criminal Procedure he took the name of the present petitioner and

Patna High Court Cr.Misc. No.45119 of 2015 (4) dt.29-02-2016 others, said to be involved in the commission of offence. He submits that the informant could have taken the petitioner's name at the first instance in his written report dated 26.2.2013, on the basis of which the First Information Report was instituted. He submits that other similarly situated persons, whose name figured in the statement of the informant recorded under section 164 Cr.P.C., have been granted anticipatory bail by this Court. Considering the above submissions, I am of the view that the petitioner has been able to make out an exceptional case for grant of anticipatory bail though he is an accused in a case under section 302 of the Indian Penal Code. This application is, accordingly, 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 Chief Judicial Magistrate, Gaya in Neemchak Bathani P.S.Case No. 21/2013, 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.45119 of 2015 (4) dt.29-02-2016 before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U