Shiv Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63130 of 2017 Arising Out of PS.Case No. -448 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================

1. Shiv Manjhi, son of Jai Kishun Manjhi, a resident of village - Nadawan, P.S. - Dhanarua, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Harish Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Agamkuan P.S. Case No.448 of 2017 instituted for the offence under Section(s) 147, 149, 341, 323, 290, 353, 379/511, 427, 201 Indian Penal Code.

From the First Information Report, it appears that there is suspicion raised against this petitioner that he along with another person were indulging in illegal sale of the dead body and later on he disposed of the dead body. Thereafter, student of Nalanda Medical College & Hospital, total about hundred in numbers, damaged the Ambulance vehicle and also caused law and order problem. Case has been registered under Sections 353, 379 and other allied Sections of the Indian Penal Code. From the written itself, it appears that there is no

Patna High Court Cr.Misc. No.63130 of 2017 (3) dt.17-02-2018 2/2 allegation of any specific overt act against the petitioner. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Agamkuan P.S. Case No.448 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T