Patna High Court - Orders
Mani Kant Mani vs The State Of Bihar on 29 August, 2018
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47574 of 2018
Arising Out of PS.Case No. -503 Year- 2017 Thana -PIRBAHOR District- PATNA
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Mani Kant Mani, Son of Satya Narayan Yadav, resident of Village + P.S.-
Rosera, District- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate.
For the Opposite Party/s : Mr. Aditya Narayan Singh 1, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2 29-08-2018Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Pirbahore P.S. Case No. 503 of 2017 instituted for the offence under Sections 147, 148,149, 353, 307, 323 of the Indian Penal Code and Sections 4/5 of the Explosive Substance Act.
In the instant case it is alleged that on the date of occurrence some boys had assembled near the chamber of Principal, Patna College, for allotment of hostel to the students. The informant along with other police personnel arrived there and pacified the matter. It is further alleged that petitioner and other co-accused persons went to meet the Principal of the college for negotiation purpose. In the meantime, the students became violent and two students of Iqabal Hostel scuffled with each other. The Patna High Court Cr.M isc. No.47574 of 2018 (2) dt.29-08-2018 2/3 accused persons exploded 4-5 bombs near the chamber of Principal.
Counsel for the petitioner submits that there is general and omnibus allegation against the petitioner in the written report. He further submits that from the written report it will be apparent that petitioner was present in the chamber of the Principal for negotiation purpose. The petitioner is student leader of ABVP of Patna University. He is student of Master of Journalism and Mass communication of Patna University.
Considering the facts and circumstances of the case, 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 Pirbahore P.S. Case No. 503 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 learned Chief Judicial Magistrate, Patna, 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 Patna High Court Cr.M isc. No.47574 of 2018 (2) dt.29-08-2018 3/3 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) S.Ali/-
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