Mannu Kumar Singh @ Fauji @ Kumar Abhimayu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8725 of 2015 Arising Out of PS.Case No. -369 Year- 2013 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Mannu Kumar Singh @ Fauji @ Kumar Abhimanyu resident of villageDhabauli West, P.S.- Sour Bajar, District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate. For the Opposite Party/s : Mr. Rajendra Singh Shastrijee (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 02-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Mannu Kumar Singh @ Fauji @ Kumar Abhimanyu, in connection with Sour Bazar Police Station Case No. 369 of 2013 under Sections 341/323/324/307/384/379/504/ 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Perused the above application and materials on record including a copy of the order, dated 25.02.2014, passed, in A.B.P. No. 6253 of 2014, by the learned Sessions Judge, Saharsa, dismissing the said application for pre-arrest bail. Heard Mr. Diwakar Prasad Singh, learned Counsel for the petitioner, and Mr. Rajendra Singh Shastrijee, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.8725 of 2015 (4) dt.02-07-2015 2/3 In view of the fact that perusal of the record does not reveal any such incriminating materials against the petitioner, which would warrant his custodial detention and interrogation, this Court is of the view that the petitioner has been able to make out a case calling for appropriate direction for pre-arrest bail. Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Sour Bazar Police Station, Saharsa.

This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Sour Bazar Police Station, Saharsa, and make themselves available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade his/her from disclosing such facts to the Court or to any police officer.

This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the

Patna High Court Cr.Misc. No.8725 of 2015 (4) dt.02-07-2015 3/3 Officer-in-Charge, Sour Bazar Police Station, Saharsa. Send also a copy of this order, forthwith, to the Superintendent of Police, Saharsa, by fax.

(I. A. Ansari, J.) Mkr./- U