Mandati Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30295 of 2018 Arising Out of PS.Case No. -202 Year- 2017 Thana -OBRA District- AURANGABAD ======================================================
1. Mandati Singh, S/o Shalik Singh, R/o Village- Parihara, P.S.- Khudwan, Distt.- Aurangabad (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjit Kumar, Advocate For the Informant : Mr. Arvind Kumar Singh, Advocate : Mr. Praveen Ranjan, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 29-06-2018 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned APP for the State. Petitioner apprehends his arrest in Obra P.S. Case No. 202 of 2017 instituted for the offence under Section(s) 147, 149, 323, 325, 307, 379 and 504 Indian Penal Code. In the written report, it is alleged that the informant had gone to take part in the auction of the paddy crop grown on the land by the order of Anchal Adhikari, Obra. When the informant came out of the Anchal Office, the petitioner along with other accused persons, as named in the written report, assaulted the informant with lathi, danda, rod etc. and took out Rs.1,30,000/- from the pocket.
Patna High Court Cr.Misc. No.30295 of 2018 (5) dt.29-06-2018 2/3 Counsel for the informant has appeared and submitted that petitioner has given reference of only one case in para 3 of the bail petition, whereas, other cases are also pending against the petitioner.
Supplementary Affidavit has been filed on behalf of the petitioner in which it is mentioned in para 3 that he has mentioned only about one case due to mistake of pairvikar. Another case is also pending against the petitioner in which he is on bail.
Counsel for the petitioner has further submitted that other co-accused have already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 13518 of 2018 vide order dated 06.04.2018.
There is general and omnibus allegation against the petitioner.
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 Obra P.S. Case No. 202 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 Sub-
Patna High Court Cr.Misc. No.30295 of 2018 (5) dt.29-06-2018 3/3 Divisional Judicial Magistrate, Daudnagar, Aurangabad, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- Rohit Kr.
U T