Shankar Prasad @ Manak Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47379 of 2018 Arising Out of PS.Case No. -6 Year- 2017 Thana -GOPALPUR District- PATNA ======================================================
1. Shankar Prasad @ Manak Prasad Son of Late Chhathu Bhagat Resident of Village -Nandlal Chapra, P.S. - Ram Krishna Nagar, District Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 Heard the parties.
The petitioner seeks regular bail in connection with Gopalpur P.S.Case no.06 of 2017 registered for offences punishable under Sections 363 and 365 of the Indian Penal Code and later on Section 302, 201 and 120B of the IPC have been added..
Allegation against the petitioner as per FIR is that while the informant along with his brother was fishing in the pond, the accused persons came there and thereafter the informant fled away from there leaving his brother there and since then his brother is traceless. Later on the deadbody of his brother was found. Submission of the learned counsel for the petitioner is that
Patna High Court Cr.Misc. No.47379 of 2018 (3) dt.20-09-2018 2/2 the petitioner is not named in the FIR and his name transpired on the confessional statement and another co-accused persons having similar allegation has been granted bail by this Court, vide order dated 28.7.2017 passed in Cr. Misc. No.34554 of 2017. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ACJM, Patna in connection with Gopalpur P.S.Case No.06 of 2017.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T