Manoranjan Kumar Giri @ Manoranjan Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55900 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -BACHWARA District- BEGUSARAI ====================================================== Manoranjan Kumar Giri @ Manoranjan Giri, Son of Rameshwar Giri, Resident of village- Madhodih, P.S.- Ujiyarpur, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suraj Narayan Pd. Sinha, Sr.Adv. Mr. Sandip Kumar Gautam, Advocate.
For the State : Mr. Ravindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is permitted to make necessary correction in the father's name of the petitioner during course of the day.
The petitioner apprehends his arrest in Bachhawara P.S. Case No. 49 of 2017 instituted for the offence under Section 307 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner has submitted that he is not named in the First Information Report. His name has been disclosed during investigation on the basis of confessional statement of Nepali Kumar @ Kundan Kumar. The co-accused Nepali Kumar @ Kundan Kumar has stated that he learnt from Dhananjay Ishwar and Manoranjan Giri that they hatched conspiracy of murder of Bijay Kumar Ishwar and advance amount was also given to Monu. It has
Patna High Court Cr.Misc. No.55900 of 2017 (2) dt.23-11-2017 2/2 further been submitted that co-accused Dhanajjay Ishwar has already been granted regular bail by a coordinate Bench of this Court vide order dated 17.10.2017 passed in Cr. Misc. 49295 of 2017. Considering the facts and circumstances of the case, 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 Bachhawara P.S. Case No. 49 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 learned Additional Chief Judicial Magistrate-VI, Begusarai, 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 cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T