Mani Shankar @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7996 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -BUDDHACOLONY District- PATNA ====================================================== Mani Shankar @ Chhotu Son of Late Vimlesh Prasad Singh, Resident of Flat No.- 302, Awadh Kunj Apartment P.S- Gardanibag, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Sri Krishna Pd. Singh, Sr. Advocate Mr. Maruth Nath Roy, Advocate.
For the Opposite Party/s : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Budha Colony P.S. Case No. 145 of 2016 for the offences punishable under sections 147, 148, 149, 386, 504 and 506 of the I.P.C.
The petitioner is not named in the First Information Report, but during investigation in the supervision note of Dy.S.P. the name of the petitioner and others were included. Submission is of false implication and that there is no material against the petitioner and the D.S.P has added the name of the petitioner in this case though there is no witness to state
Patna High Court Cr.Misc. No.7996 of 2017 (3) dt.22-03-2017 2/2 about the involvement of the petitioner, during investigation the statement of the informant and other witnesses have been recorded under section 164 of the Cr.P.C. but in those statements also the petitioner is not named and similarly situated co-accused Lalit Kumar @ Lalit Kumar Rai @ Bablu Rai has been allowed prearrest bail vide Cr. Misc. No. 6923 of 2017 and as such the petitioner also deserves sympathetic consideration. The learned A.P.P. submits that co-accused Lalit Kumar @ Lalit Kumar Rai @ Bablu Rai has been allowed prearrest bail who was also not named in the FIR.
In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. Smt. Ritu Priya, J.M. 1st Class, Patna in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T