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Patna High CourtCR. MISC./30468/2017bail granted

Manoj Kumar Singh @ Munna Singh v. The State Of Bihar

2017-08-03Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.30468 of 2017 (3) dt.03-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30468 of 2017 Arising Out of PS.Case No. -196 Year- 2016 Thana -ATRI District- GAYA ======================================================

1. Manoj Kumar Singh @ Munna Singh, S/o Late Shyam Sundar Singh @ Sam Singh, R/V- Mohanpur, P.S.- Atari, Distt.- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Atri P.S. Case No. 196 of 2016 instituted for the offence under Section-307 & other minor sections of the Indian Penal Code.

As per written report, this petitioner along with his brother Rakesh Singh assaulted the informant on head with sword causing cut injury and bleeding took place. The injury report of the informant has been filed as Annexure-2 to this petition wherein the doctor has found all the injuries to be simple in nature.

It has been submitted that the petitioner is neighbour of the informant and occurrence took place on a trivial issue. There is general allegation in the written report, that this petitioner along with Rakesh Singh assaulted the informant and the injury on the person of the informant was found to be simple in nature.

Patna High Court Cr.Misc. No.30468 of 2017 (3) dt.03-08-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Atri P.S. Case No. 196 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (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) A.K.V./- U T