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Patna High CourtCR. MISC./78972/2018disposed

Manoj Kumar Singh @ Manoj Singh And ANR v. The State Of Bihar

2019-01-09Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78972 of 2018 Arising Out of PS. Case No.-318 Year-2018 Thana- RIVILGANJ District- Saran ======================================================

1. Manoj Kumar Singh @ Manoj Singh son of Late Surendra Singh.

2. Arbind Kumar Singh, @ Arbind Singh, son of Ram Bilash Singh. Both are resident of Village- Rajmal Pirari, P.S. Rivilganj, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Satyavarat Verma For the Informant :

Mr. Jeetendra Narayan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Rivilganj P.S. Case No. 318 of 2018 registered for offences under sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.

In the present case, an allegation has been made against the petitioner no.2 to have caused injury on the head. The injury report itself reflects that there are two injuries on the head of the victim.

There being direct allegation of assault against the petitioner no.2, namely, Arbind Kumar Singh @ Arbind Singh, this Court is not inclined to grant him privilege of anticipatory bail.

Patna High Court Cr.Misc. No.78972 of 2018(2) dt.09-01-2019 2/2 Accordingly, the prayer for anticipatory bail of the petitioner no.2, above named, is rejected with a liberty to appear before the court below and make a prayer for regular bail. The allegation against the petitioner no.1 is of order giver.

Looking to the entire facts and circumstances of the case, let the petitioner no.1, namely, Manoj Kumar Singh @ Manoj Singh, in the event of his arrest or surrender before the court below within a period of four 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 learned Additional Chief Judicial Magistrate, 8th, Saran, Chapra in connection with Rivilganj P.S. Case No. 318 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T