Manoj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23560 of 2018 Arising Out of PS. Case No.-154 Year-2017 Thana- KAKO District- Jehanabad ======================================================

1. Manoj Kumar, S/o Surendra Yadav @ Subedar Yadav, R/o Vill.- Laxami Bigha (Nawada), P.S.- Kako in the District of Jehanabad.

2. Munarik Yadav S/o Late Ramkhelawan Yadav, R/o Vill.- Kanaka Bigha, P.S.- Kako in the District of Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navin Sharma For the Opposite Party/s :

Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Kako P.S. case no. 154 of 2017 instituted for the offence under Section(s) 147, 149, 341, 323, 504, 506, 427 and 353 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners. Petitioners are named in the F.I.R. as member of unlawful assembly. There is no any allegation of specific over act against these petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.23560 of 2018(2) dt.20-04-2018 2/2 six weeks from today in connection with Kako P.S. case no. 154 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubJudge -IV-cum- ACJM, Jehanabad, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) shyambihari/- U T