Manish Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76190 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- RAGHUNATHPUR District- Siwan ======================================================

1. Manish Kumar Singh Son of Siya Ram Singh

2. Manu Singh Son of Udhav Singh All resident of Village- Nikhati Kala P.S. Raghunathpur District Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-12-2018 Heard learned counsel for the petitioners. No one appears for the State.

Petitioners are seeking anticipatory bail in connection with Raghunathpur P.S. Case No. 77 of 2018 registered for the offences punishable under Sections 272, 273 and 308/34 of the Indian Penal Code and Sections 30(A)/38(A)/41(1) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that as per the allegtion when the Santro Car was intercepted by the police, these petitioners got down from the car and fled away in taking the benefit of the darkness. Learned counsel further submits that

Patna High Court Cr.Misc. No.76190 of 2018(2) dt.21-12-2018 2/3 it is a case of false implication as it is not possible to believe that in presence of the police party who were waiting for the car when the car was stopped these petitioners fled away. Learned counsel submits that in paragraph 7 of the petition they have clearly stated that the seized car does not belong to them and they are not connected in any way with the seized car. No one appears for the State to oppose this application.

Considering the facts and circumstances where the petitioners could not be arrested and are said to have fled away in presence of the police party and then they have stated that they have nothing to do with the seized car, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfication of the learned 2nd Additional Sessions Judge-cumSpecial Judge, Siwan in connection with Raghunathpur P.S. Case No. 77 of 2018, subject to the condition that petitioners shall join the investigation by reporting to the Investigating Officer within a period of three weeks from today and shall cooperate in course of investigation, failing which the

Patna High Court Cr.Misc. No.76190 of 2018(2) dt.21-12-2018 3/3 Investigating Officer shall be at liberty to take steps for cancellation of their bail bond. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T