Manoj Kumar Sah @ Manoj Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76500 of 2019 Arising Out of PS. Case No.-217 Year-2019 Thana- KADWA District- Katihar ====================================================== MANOJ KUMAR SAH @ MANOJ BHARTI Son of Narayan Sah Resident of Village- Mahmmadpur, P.O.- Durgaganj, P.S.- Kadwa, District- Katihar. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Jibendra Mishra, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Kadwa P.S. Case No. 217/2019 (G.R. No. 4191/2019) registered under Sections 341/323/353/354/427/ 504/506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case by the informant. Petitioner along with co-accused were protesting the death of a girl who was being treated for snake biting and died during treatment and learned counsel further submits that petitioner has no got no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.76500 of 2019(3) dt.06-03-2020 2/3 Considering the facts and circumstances of the case wherein the allegation against the petitioner is that of instigating the co-accused in commission of the alleged offence whereunder they had indulged in damaging the Ambulance of the Primary Health Centre and were abusing the medical officer and other staffs in the Hospital, however the co-accused Arun Mehta @ Arun Kumar Mehta having been granted privilege of anticipatory bail by learned coordinate Bench of this Court in Cr. Misc. No. 1734/2020, let in the event of his arrest/surrender before the court below within a period of four weeks, the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Kadwa P.S. Case No. 217/2019 (G.R. No. 4191/2019), subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

Patna High Court CR. MISC. No.76500 of 2019(3) dt.06-03-2020 3/3 (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T