Mangal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22127 of 2019 Arising Out of PS. Case No.-23 Year-2018 Thana- BARH District- Patna ====================================================== MANGAL KUMAR, Son of Bhajan Sah @ Rambhajan Prasad Resident of Village - bichali Malahi, P.s.- Barh, Distt.- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-04-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Barh Police Station Case No. 23 of 2018, disclosing offences under Sections 341/323/307/34 of the Indian Penal Code and Section 27 of the Arms Act.
On perusal of the First Information Report, it is manifest that allegation against co-accused Nicky Singh is there of having opened fire, causing injury in the abdominal part of the informant. There is no allegation of any overt act against this petitioner in the First Information Report.
Considering the above, this application is allowed. Let the petitioner, namely, Mangal Kumar, in the
Patna High Court CR. MISC. No.22127 of 2019(2) dt.09-04-2019 2/2 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Barh, Patna, in connection with Barh Police Station Case No. 23 of 2018, 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 bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √