Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14354 of 2016 Arising Out of PS.Case No. -69 Year- 2015 Thana -SAHPUR District- PATNA ======================================================

1. Mantu Kumar Son of Jwala Rai R/o Mobarak Pur Krishi Farm P.S.- Shahpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Rajendra Prasad Nat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Shahpur Police Station Case No. 69 of 2015, disclosing offences under Sections 341, 323, 324, 447, 448, 307, 379, 504/34 of the Indian Penal Code.

Learned Counsel for the petitioner submits that it is evident from the First Information Report that dispute over share in property is the reason behind the occurrence and lodging of the present First Information Report, containing exaggerated version of the occurrence, which had taken place. He submits that the present First Information Report is a counter blast of an earlier First

Patna High Court Cr.Misc. No.14354 of 2016 (2) dt.20-04-2016 2/2 Information Report lodged by the father of the petitioner, vide Shahpur Police Station Case No. 62 of 2015. The petitioner has no criminal antecedent.

Considering the genesis of occurrence and nature of accusation, this application is allowed. Let the petitioner, Mantu Kumar, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, Patna, in connection with Shahpur Police Station Case No. 69 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √