Manohar Das @ Manohar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72452 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- HALSI District- Lakhisarai ====================================================== MANOHAR DAS @ MANOHAR KUMAR, S/o Amirak Das, Resident of Village-Thekahi, P.S. Halsi, District Lakhisarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Manoj Kumar, Advocate.
For the Opposite Party :
Mr. Satya Nand Shukla, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 448, 323, 307, 504 and 506/34 of the IPC.
The prosecution story, in brief, is that the petitioner and other co-accused assaulted the husband of the informant with Khanti on his head with intention to kill him and due to which, her husband sustained head injury. It is further alleged that accused persons also extended threatening to her of dire consequences.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated
Patna High Court Cr.Misc. No.72452 of 2018(2) dt.06-12-2018 2/2 in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Lakhisarai, in connection with Halsi P.S. Case No. 135 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T