Patna High Court - Orders
Manish Kumar @ Shashi Ranjan vs The State Of Bihar on 28 August, 2020
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22001 of 2020
Arising Out of PS. Case No.-336 Year-2019 Thana- MASAUDHI District- Patna
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MANISH KUMAR @ SHASHI RANJAN S/o- Satyendra Prasad R/o Village-
Balaitha, P.S.- Masaurhi, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Deovind Kumar Singh
For the Opposite Party/s : Mr.A.G
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 28-08-2020As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.
Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.
Heard learned counsel for the petitioner and the learned APP for State.
Petitioner apprehends his arrest in connection with Masaurhi P.S. Case no. 336 of 2019, instituted for the offence under Section(s) 341,342, 323, 504, 379 and 308/34 of the Indian Penal Code.
It is alleged that the petitioner along with five other Patna High Court CR. MISC. No.22001 of 2020(2) dt.28-08-2020 2/3 persons have intercepted the informant's son while he was on his way. Assault by butt of the pistol is alleged.
Petitioner's counsel submits that assault on the head by butt of pistol is not attributed to anybody. The allegation of assault is omnibus. It is further submitted that the petitioner bears no criminal antecedents and, in fact, the informant's son has sustained injury in a scuffle, for which, the petitioner along with 5-6 persons have falsely been implicated in the instant case. Petitioner is a student.
Learned APP for the State opposed the prayer for bail. Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Masaurhi, in connection with Masaurhi P.S. Case no. 336 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:-
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how Patna High Court CR. MISC. No.22001 of 2020(2) dt.28-08-2020 3/3 he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/-
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