Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42052 of 2016 Arising Out of PS.Case No. -265 Year- 2015 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Mantu Kumar S/o Mohan Pandey Resident of Mohalla-Pathak toli, P,S. Jehanabad, District Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-10-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jehanabad Police Station Case No. 265 of 2015, disclosing offences under Sections 147, 148, 149, 337, 307, 153A, 427, 283, 353, 341, 342, 120B of the Indian Penal Code.

From the First Information Report, it appears that there is general and omnibus allegation of assault in an occurrence, which had taken place because of clash between two religious groups.

Learned Counsel appearing on behalf of the petitioner has submitted that there are 16 persons named in the First Information Report and 200 not named. The petitioner is not named in the First Information Report and allegation against all is general and omnibus. The petitioner

Patna High Court Cr.Misc. No.42052 of 2016 (3) dt.04-10-2016 2/2 has no criminal antecedent, except that he has been implicated in three cases, as mentioned in paragraph 3 of the application, which arose out of the same chain of occurrence.

Considering the above submissions, this application is allowed.

Let the petitioner, Mantu Kumar, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad Police Station Case No. 265 of 2015, 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/-c U √ T √