Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38090 of 2019 Arising Out of PS. Case No.-36 Year-2018 Thana- BAKHTIYARPUR RAIL P.S. District- Patna ====================================================== 1.

MANOJ KUMAR, aged about 26 years, male, Son of Jongi Singh @ Janardan Singh Resident of Village - Jamalpur, P.S.- Athmalgola, District - Patna.

2.

Ravi Singh, aged about 24 years, male, Son of Late Nawal Singh Resident of Village - Jamalpur, P.S.- Athmalgola, District - Patna. 3.

Anjani Kumar @ Lulla, aged about 34 years, male, Son of Late Bijendra Prasad Singh Resident of Village - Karjan P.S.- Athmalgola, District - Patna.

4.

Pankaj Singh @ Pankaj Kumar, aged about 45 years, male, Son of Late Naresh Singh Resident of Village - Darhi, P.S.- Athmalgola, District - Patna.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Satyendra Prasad Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 323, 353, 427 of the Indian Penal Code and Sections 145, 146, 147, 150, 174 of the Railway Act registered in connection with Rail Thana Bakhtiyarpur (Barh) P.S. Case No. 36 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the F.I.R. is against as many as 15 named and 250

Patna High Court CR. MISC. No.38090 of 2019(2) dt.26-06-2019 2/3 unknown persons. The accusations are general and omnibus in nature without any specific accusation attributed to the petitioners. Similarly situated co-accused Bablu Kumar and Kanhaiya Kumar have been granted anticipatory bail by this Court in Cr. Misc. No. 25069 of 2019.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway Patna, District- Patna in connection with Rail Thana Bakhtiyarpur (Barh) P.S. Case No. 36 of 2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically

Patna High Court CR. MISC. No.38090 of 2019(2) dt.26-06-2019 3/3 present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T