Patna High CourtCR. MISC./43978/2015bail granted

Satish Kumar v. The State Of Bihar

2015-10-14Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43978 of 2015 Arising Out of PS.Case No. -248 Year- 2015 Thana -MANER District- PATNA ====================================================== Satish Kumar, son of Late Basudeo Rai, resident of village- Khaspur, Police Station- Maner, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Prasad Singh For the Opposite Party/s : Mr. Amitesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-10-2015 Heard counsel for the petitioner and Mr. Dayal learned APP for the State.

The petitioner seeks anticipatory bail in Maner P.S. Case No. 248 of 2015 instituted under section 353/34 IPC. It is alleged that when the police went to secure arrest of the petitioner in connection with Maner P.S. Case No. 23 of 2013 the villagers put up obstruction and got the petitioner released. The contention of the petitioner is that in Maner P.S. Case No. 23 of 2013 he was released on anticipatory bail by the learned Sessions Judge itself finding no substantial material against him justifying his arrest. The highhandedness of the police has also been pointed out in not recording first in the case diary before proceeding to effect arrest of the petitioner about such raid.

Patna High Court Cr.Misc. No.43978 of 2015 (2) dt.14-10-2015 2/2 The petitioner has no criminal antecedent save and except Maner P.S. Case No. 23 of 2013 in which he has been privileged with anticipatory bail.

Considering the facts and circumstances of the case, the petitioner above named in the event of his arrest/surrender within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sri A.K. Thakur, Judicial Magistrate,1st Class, Danapur, Patna on condition that one of the bailors shall be his own/close family member. In the event of framing of charge, he shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Kishore Kumar Mandal, J) HR/- U T