Banti @ Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3333 of 2019 Arising Out of PS. Case No.-390 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== Banti @ Sudhanshu Kumar Sadanand Pd. Yadav Resident of VillageGoghanpatti, P.S. Sour Bazar (Patarghat O.P.), Distt. Saharsa. ... ... Petitioner/s

Versus

The State Of Bihar Bihar.

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Sour Bazar (Patarghat O.P.) P.S.Case No. 390 of 2018, registered for offences punishable under Sections 147,148, 149, 447, 323, 324, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per F.I.R., allegation against the petitioner and other accused persons is of firing on the informant, which hit on his left hand arm and middle finger and when his sons went to save him, all the accused persons assaulted them. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and F.I.R. clearly shows that there is general and omnibus allegation levelled against the petitioner and the injury found on the

Patna High Court Cr.Misc. No.3333 of 2019(3) dt.04-02-2019 2/2 person of the informant is simple in nature and the petitioner no criminal antecedent. It is further submitted that the similarly situated co-accused has been granted bail by a Co-ordinate Bench of this court vide order dated 26.10.2018 passed in Cr. Misc. No. 65191 of 2018.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with our Bazar (Patarghat O.P.) P.S No. 390 of 2018, to the satisfaction of learned Chief Judicial Magistrate, Saharsa , subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) sudha/- U T