Manish Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14798 of 2018 Arising Out of PS.Case No. -199 Year- 2017 Thana -ARWAL District- JEHANABAD ======================================================
1. Manish Kumar, son of Jayendra Prasad,
2. Ashok Kumar, son of Vinay Pandit,
3. Amresh Kumar, son of Late Manoj Rajak,
4. Angad Kumar, son of Arun Kumar @ Late Arun Kumar,
5. Lallu Kumar @ Ram Bishun Singh, son of Ramadhar Prasad @ Ramadhar Singh @ Ram Vishun Singh, All residents of Village- Arwal Sipah, Police Station- Arwal, District- Arwal. ... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Saroj Kumar Sharma Ms. Kiran Kumari Sharma For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners apprehend arrest in connection with Arwal Police Station Case No. 199 of 2017 registered for the offences under sections 188, 147, 148, 149, 323, 324, 341, 342, 337, 427, 307, 353, 452, 379, 153(A), 504, 506 and 120(B) of the Indian Penal Code.
The learned counsel appearing on behalf of the petitioners submits that the petitioners have been implicated in this case as they happen to be only members of the mob. It is further submitted that co-accuseds namely, Sidhnath Prasad and four others have already been allowed anticipatory bail by different
Patna High Court Cr.Misc. No.14798 of 2018 (2) dt.05-04-2018 2/3 coordinate Benches of this Court in Cr. Misc. Nos. 57394 and 61287 of 2017 and Cr. Misc. No. 9006 of 2018. The case of the petitioners stands on similar footing and so they also deserve anticipatory bail.
The learned counsel for the opposite party on the other hand opposed the submission.
Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and the petitioners above named, in the event of arrest or surrender before the learned court below within six weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Arwal Police Station Case No. 199 of 2017, subject to conditions as laid down under section 438(2) Cr.P.C. with further condition that one of the bailors of the petitioners shall be local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court
Patna High Court Cr.Misc. No.14798 of 2018 (2) dt.05-04-2018 3/3 below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
(Sanjay Kumar, J) Mahesh/- U T