Manish Kumar @ Lakshman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39612 of 2019 Arising Out of PS. Case No.-39 Year-2008 Thana- PAUTHU District- Aurangabad ====================================================== MANISH KUMAR @ LAKSHMAN Son of Harandra Sharma Resident of Village - Barpa, P.S. - Pauthu, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-06-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Pauthu Police Station Case No. 39 of 2008, disclosing offences under Sections 147/148/149/323/324/379/307/504 of the Indian Penal Code.

Learned Counsel for the petitioner submits that there is general and omnibus allegation against the petitioner of assault by lathi and the police, after completion of the investigation, has submitted final report and the petitioner was not sent up for trial. However, the learned Court below, differing with the final report, has taken cognizance against the petitioner also.

After having heard learned Counsel for the parties and

Patna High Court CR. MISC. No.39612 of 2019(2) dt.27-06-2019 2/2 in the facts and circumstances of the case, I find it a fit case for grant of privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Manish Kumar @ Lakshman, in the event of his arrest or surrender before the Court below within four 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 Additional Chief Judicial Magistrate VIII, Aurangabad, in connection with Pauthu Police Station Case No. 39 of 2008, 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.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √