Manoj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9937 of 2018 Arising Out of PS. Case No.-13 Year-2017 Thana- EKMA District- Saran ====================================================== Manoj Sharma S/o Loknath Sharma @ Loknath Malick Of VillageKarnpura, P.S. Ekma, District- Saran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Basant Kumar Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ==================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Ekma P.S case no. 13 of 2017 instituted for the offence under Section(s) 323, 324, 307, 504, 506 and 379/34 of the Indian Penal Code. In the written report it is alleged that the petitioner assaulted the informant with Dab on her head. It is further alleged that other accused persons also assaulted with rod and danda etc. Copy of the injury report has been supplied by the petitioner which shows that the informant has sustained one lacerated wound on her right side scalp which was found to be

Patna High Court Cr.Misc. No.9937 of 2018(2) dt.22-02-2018 2/3 simple in nature caused by hard and blunt substance. Learned counsel for the petitioner has submitted that husband of the informant Bhola Sharma and others have assaulted the father of this petitioner for which Ekma P.S. case no. 5/17 was registered. The instant case is the counter blast of the aforesaid case.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Ekma P.S. case no. 13 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Saran, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and

(3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.9937 of 2018(2) dt.22-02-2018 3/3 cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T