Saheb Mansoori @ Md. Saheb Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39554 of 2018 Arising Out of PS.Case No. -165 Year- 2017 Thana -AMARPUR District- BANKA ====================================================== Saheb Mansoori @ Md. Saheb Mansuri son of Late Satish Mansoori resident of village Dumrama, Police Station - Amarpur, District - Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code later on Section 302 IPC has been added.

Pointing to the allegations made in the FIR it is submitted that the allegations are omnibus against the accused persons. He submits that similarly situated co-accused namely, Md. Sahab Mansoori and Mahesh Das have been allowed bail in Cr. Misc. No. 43509 of 2017 and 61929 of 2017 respectively. Since counsel for the petitioner was not in knowledge of the same it could not be produced for consideration before this Court on 21.02.2018 when instant petitioner's application was dismissed in Cr. Misc. No. 63766 of 2017.

Patna High Court Cr.Misc. No.39554 of 2018 (2) dt.08-08-2018 2/2 Looking at the nature of allegations, this Court is of the view that the instant petitioner is entitled to parity in the matter of grant of bail with other co-accused Md. Sahab Mansoori and Mahesh Das.

Having considered the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 165 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U