Dinanath Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8231 of 2018 Arising Out of PS.Case No. -601 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Dinanath Manjhi, Son of Late Munilal Ram Manjhi @ Munnilal Manjhi, Resident of Village- Hajiapur, P.S.- Gopalganj, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner apprehends his arrest in connection with Gopalganj Town P.S. Case No. 601/2017 instituted for the offences under Sections 147, 148, 149, 302, 379, 427, 452, 504 and 506 of the Indian Penal Code as well as Section 27 of the Arms Act. In the written report there is specific allegation against co-accused Bhikhu Yadav and Anandi Pandey of causing firearm injury on the chest of the husband of the informant, on account of which he died. The petitioner is alleged to be one of the member of the unlawful assembly.

It has been submitted that other co-accused persons have been granted anticipatory bail by different Bench of this Court vide order dated 17.02.2018 passed in Cr. Misc. No. 9425/2018 and

Patna High Court Cr.Misc. No.8231 of 2018 (3) dt.26-03-2018 2/2 dated 20.02.2018 passed in Cr. Misc. No. 8819/2018. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Gopalganj Town P.S. Case No. 601/2017, 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 learned Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down under Section 438(2) of the 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 tamper 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.)