Manoj Bind @ Banara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23998 of 2018 Arising Out of PS. Case No.-316 Year-2017 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Manoj Bind @ Banara son of late Shiv Bachan Bind R/o village Sabrabad, P.S. Chenari, District Rohtas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Kudra P.S. Case No. 316 of 2017 instituted for the offence under Section 392 of the Indian Penal Code.

The FIR is against unknown. The counsel for the petitioner submits that there is no recovery from his possession. The name of this petitioner has been disclosed by co-accused Rajesh Bind who was apprehended by the Police and one looted mobile phone was recovered from his possession. The learned Sessions Judge, Kaimur has mentioned in the impugned order that Rajesh Bind has taken the name of this petitioner in his confessional statement as mentioned in para 49 of the case diary. In paragraph 3 of the bail petition, it has been stated that

Patna High Court Cr.Misc. No.23998 of 2018(4) dt.19-06-2018 2/2 petitioner has clean antecedents.

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 Kudra P.S. Case No. 316 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 the A.C.J.M.-VI, Kaimur at Bhabua, 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.