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Patna High CourtCR. MISC./3943/2019bail granted

Kallu @ Rahul Kumar v. The State Of Bihar

2019-01-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3943 of 2019 Arising Out of PS. Case No.-495 Year-2018 Thana- DANAPUR District- Patna ====================================================== Kallu @ Rahul Kumar, aged about 23 years (Male), Son of Shushil Kumar Yadav, Resident of village-Sherpur, P.S. Maner, District Patna. At present residing at Mohalla Sultanpur Bhattapar, P.S. Danapur, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bhubneshwar Prasad, Advocate.

For the Opposite Party :

Mrs.Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 323, 341, 354(B), 447, 379, 325, 504, 506, 509 and 308 of the IPC. The prosecution story, in brief, is that on the order of one Bunty Kumar, F.I.R. named accused persons including the petitioner misbehaved with the informant and assaulted her brother and father by means of Iron rod, Phatta and Danda due to which, they sustained severe injuries on their bodies. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated

Patna High Court Cr.Misc. No.3943 of 2019(2) dt.29-01-2019 2/2 in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act has been alleged against the petitioner. Other co-accused persons have been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 74268 of 2018 order dated 21.12.2018 and Cr. Misc. No. 74320 of 2018 order dated 21.12.2018 vide Annexures 3 and 3/1 to the present application. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Danapur, Patna, in connection with Danapur P.S. Case No. 495 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T