Manohar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7567 of 2016 Arising Out of PS.Case No. -190 Year- 2015 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Manohar Mahto Son of Ram Sagar Mahto, Resident of Village - Maldah, P.S. Hanaspur, District - Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-03-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Hasanpur Police Station Case No. 190 of 2015, disclosing offences under Sections 346, 363 and 365 of the Indian Penal Code.

Learned Counsel appearing on behalf of the petitioner submits that the petitioner has been named in the First Information Report merely on the basis of suspicion. He has also submitted that in course of investigation, no material has come indicating involvement of the petitioner, as is evident from the order of the learned Sessions Judge, Samastipur, dated 01.02.2016, passed in

Patna High Court Cr.Misc. No.7567 of 2016 (2) dt.17-03-2016 2/3 A.B.P. No. 105 of 2016, whereby the learned Sessions Judge has rejected the anticipatory bail application filed by the petitioner. It has also been submitted, with reference to the statement made in paraqgraph 8 of this application, that the alleged victim himself is a notorious and hardened criminal and is accused in Hasanpur Police Station Case No. 125 of 2012, registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Considering the submission, as above, this application is allowed.

Let the petitioner, Manohar Mahto, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri D. K. Bhaskar, Judicial Magistrate, 1st Class, Rosera, Samastipur, in connection with Hasanpur Police Station Case No. 190 of 2015, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be

Patna High Court Cr.Misc. No.7567 of 2016 (2) dt.17-03-2016 3/3 cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √