Patna High CourtCR. MISC./44876/2018bail granted

Shiv Kumar Roy v. The State Of Bihar

2018-08-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44876 of 2018 Arising Out of PS.Case No. -129 Year- 2012 Thana -MANIGACHI District- DARBHANGA ====================================================== Shiv Kumar Roy, S/o Mandal Rai @ Nand Lal Ray, R/o Vill.- Bharpura, P.S.- Manigachhi, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Jha, Advocate For the Opposite Party/s : Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Manigachhi P.S. Case No.129 of 2012 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307 & 504 Indian Penal Code. Counsel for the petitioner submits that there is no allegation of any specific overt act against the petitioner in the written report.

In the written report, there is allegation of assault against Lalan Ray, Umashankar Ray and Santosh Ray. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Manigachhi P.S. Case No.129 of

Patna High Court Cr.Misc. No.44876 of 2018 (3) dt.29-08-2018 2/2 2012, 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 the Chief Judicial Magistrate, Darbhanga, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- Rohit Kr.

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