Mantosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44742 of 2018 Arising Out of PS.Case No. -280 Year- 2014 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Mantosh Kumar Son of Ganaur Ram, Resident of Village-Chhapra Math, P.S.-Minapur District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Punam Shrivastava For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Minapur (Muzaffarpur) P.S. Case No. 280/2014, instituted for the offences punishable under Sections 399 and 402 of the Indian Penal Code read with Sections 25(1-B)A, 26 and 35 of the Arms Act. Learned counsel for the petitioner has submitted that in the written report it is alleged that one Ravi Ranjan Kumar was arrested by the police and firearm was recovered from his possession. He disclosed the name of this petitioner and other coaccused. The petitioner has clean antecedent. From the written report and the seizure-list, it appears that there is no recovery of any incriminating articles from

Patna High Court Cr.Misc. No.44742 of 2018 (2) dt.02-08-2018 2/2 the possession of this petitioner.

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 Minapur (Muzaffarpur) P.S. Case No. 280/2014, 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 A.C.J.M.-cum-Sub Judge 14th, Muzaffarpur, 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.)