Manish Sharma @ Manish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.19471 of 2015 (3) dt.09-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19471 of 2015 Arising Out of PS.Case No. -27 Year- 2014 Thana -SC/ST District- AURANGABAD ======================================================

1. Manish Sharma @ Manish Kumar S/o Late Rajendra Sharma Resident of Village Kundwa, Police Station Kundwa, District Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 147, 149,323,341,379,307,504 and 506 of the Indian Penal Code and Section 3(1) (X) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

Learned counsel appearing on behalf of the petitioner contends that in the facts and circumstances of the case, no offence under the provisions of Section 3(1) X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act) is made out against the petitioner and the prosecution is malicious. He has submitted, referring to paragraph 3 of the application that the

Patna High Court Cr.Misc. No.19471 of 2015 (3) dt.09-07-2015 petitioner has no criminal antecedent and that the petitioner shall cooperate with the police in course of investigation and present himself before the Court as and when required. In view of the submissions as above, let the above named petitioner in the event of his arrest/surrender within four weeks from today in the Court below, 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 Sri Kumar Amit Manu, J.M. Ist. Class, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 27 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that the above named petitioner shall cooperate with the police in course of investigation and shall present himself before the Court as and when required in connection with the said Daudnagar P.S. Case No. 27 of 2014, failing which the prosecution shall be at liberty to approach this Court for cancellation of bail.

(Chakradhari Sharan Singh, J) ArunKumar/- U