Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31485 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Manoj Kumar Singh, son of Gena Singh, resident of village Chakajinijam, P.S. Mahua, Distt. Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Rakesh, Advocate For the Opposite Party No. 2 : Mr. Kaushalendra Kumar, Advocate For the State : Smt. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mahua P.S. Case No. 11 of 2017 instituted for the offence under Sections 307, 324, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that there is specific allegation of firing against co-accused Vinod Kumar Singh and Baijnath Singh. There is general and omnibus allegation against the petitioner that he also caught hold the son of the informant and assaulted.
Learned counsel for the opposite party No. 2 has appeared and opposed the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.31485 of 2017 (3) dt.25-07-2017 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Mahua P.S. Case No. 11 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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) S.