Manjay Thakur @ Manjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3017 of 2018 Arising Out of PS.Case No. -43 Year- 2017 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manjay Thakur @ Manjay Kumar, Son of Prabhu Thakur, Resident of Village- Babhnauli, P.S.- Govindganj, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binay Kant Mani Tripathi For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends arrest in connection with Govindganj P.S. Case No.43 of 2017 registered for the offences under Sections 341, 323, 457, 380, 504 and 506/34 of the Indian Penal Code.

It has been submitted that the husband of informant and petitioner are agnates. The grandfather of this petitioner and the husband of informant were full brothers and on account of dispute for a passage adjoining to their house, the present case has been lodged. The occurrence of theft allegedly took place on 10.03.2017, however, after an unexplained delay of five days this case been lodged. The petitioner has clean antecedent and there is nothing against the petitioner except disclosure of his name by

Patna High Court Cr.Misc. No.3017 of 2018 (3) dt.01-02-2018 other co-accused.

The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner, in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of learned A.C.J.M., East Champaran (Motihari) in connection with Govindganj P.S. Case No.43 of 2017, subject to the conditions as laid down under Section 438(2) of Cr.P.C., with further conditions that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

Harish/- (Sanjay Kumar, J) U