Manish Kumar Sah @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44754 of 2018 Arising Out of PS.Case No. -381 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. MANISH KUMAR SAH @ MANISH KUMAR Son of Shankar Sah Resident of Village-Gopalpur, P.S. Rajoun, District-Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Rajoun P.S. Case No. 381/2017, instituted for the offences punishable under Sections 504, 341, 323, 307, 354(A) and (B), 379 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is alleged to have assaulted the informant with rod causing injury on her head. The injury report is annexed as Annexure-2 to the bail petition, wherein the doctor has mentioned that the injury found on the person of the informant is simple in nature. There is case and counter case between the parties on account of land dispute. One of the co-accused of this case had

Patna High Court Cr.Misc. No.44754 of 2018 (2) dt.02-08-2018 2/2 filed Rajoun P.S. Case No. 382/2017 against the informant and others.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Rajoun P.S. Case No. 381/2017, 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 Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438(2) of the 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 tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J.) Rakhi U T