Patna High CourtCR. MISC./2860/2015disposed

Manan Ahmad v. The State Of Bihar

2015-01-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2860 of 2015 Arising Out of PS.Case No. -181 Year- 2013 Thana -DARAUNDA District- SIWAN ======================================================

1. Manan Ahmad S/o Imamuddin R/o Village - Harihans Tola Khodai Bari, P.S. - Hussainganj, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Sangeeta Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Daraunda Police Station Case No. 181 of 2013 registered for the offences punishable under Sections 302,201/34 of the Indian Penal Code.

Petitioner is not named in the first information report but from perusal of impugned order of learned Sessions Judge, Siwan, it would appear that petitioner has been made accused in this case on the ground that prior to recovery of dead body, a call had been made on the mobile of the deceased, through the mobile of the petitioner and except the aforesaid material, there appears to be nothing against the petitioner.

Patna High Court Cr.Misc. No.2860 of 2015 (2) dt.21-01-2015 2/2 Considering the aforesaid facts and circumstances, as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from today, before the Chief Judicial Magistrate, Siwan shall be released on provisional bail, till the submission of charge sheet on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Daraunda P.S.Case No.181 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C. It is made clear that after submission of charge sheet, if nothing specific comes against the petitioner and Investigating Officer fails to collect any other materials against the petitioner, the provisional bail of the petitioner shall be confirmed by the concerned court itself.

(Hemant Kumar Srivastava, J) Namita/- U