IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35516 of 2010
MANI BHUSHAN KUMAR @ MANI BHUSHAN SINGH
Versus
STATE OF BIHAR
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2 16.11.2010 Heard learned counsel for the petitioner as well
as learned counsel for the state.
Learned counsel for the petitioner seeks
permission to correct the P.S. Case No. in paragraph-1 as
well as prayer portion of the bail petition.
Prayer is allowed.
Counsel for the petitioner is permitted to correct
P.S. Case No. in course of the day.
Originally, the informant filed complaint case
which was converted into Adapur P.S. Case No. 20 of 1994.
The police investigated the aforesaid case and submitted
final form in respect of the petitioner and some other co-
accused persons whereas charge sheet was submitted
against rest accused persons. Learned Chief Judicial
Magistrate differed with the findings of the police, took
cognizance against the petitioner also and ordered to issue
notice against him as well as other accused persons.
The contention of Learned counsel for the
petitioner is that as a matter of fact, neither any summons
nor any process was ever served upon the petitioner and
when he got the knowledge of the aforesaid case, he
2
preferred anticipatory bail petition before the learned
Sessions Judge which was rejected. He further submitted
that as a matter of fact, the informant of this case was
accused in connection with murder of petitioner’s father and
that is why, in retaliation, he lodged the instant case.
Considering the aforesaid facts and
circumstances, this anticipatory bail petition is allowed. In
the event of arrest/surrender within 30 days from receipt of
the order, the petitioner, Mani Bhushan Kumar @ Mani
Bhushan Singh shall be released on bail on furnishing bail
bond of Rs 10,000/- (ten thousand) each with two sureties of
the like amount each in connection with Adapur P.S. Case
No. 20 of 1994 to the satisfaction of Sub Divisional Judicial
Magistrate, Raxaul at Motihari subject to condition as laid
down u/S 438(2) of the Cr.P.C,
AKV/- ( Hemant Kumar Srivastava,J.)