Patna High CourtCR. MISC./3528/2017bail granted

Mohit Raj @ Banti Kumar v. The State Of Bihar

2017-03-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3528 of 2017 Arising Out of PS.Case No. -231 Year- 2016 Thana -PIRBAHOR District- PATNA ======================================================

1. Mohit Raj @ Banti Kumar, son of late Ravindra Kumar Pandey resident of village-Rampur Pandey Tola, P.S. Bhagwanpur, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlesh Kumar Sharma, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-03-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Pirbahore P.S. Case No.231 of 2016 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307 Indian Penal Code and Section 27 of the Arms Act.

It has been submitted on behalf of the petitioner that he is not named in the First Information Report and has no criminal antecedents. His name has come for the first time in para 56 of the case diary in the statement of spy and thereafter coaccused, Piyush, after surrendering in Court and during the course of remand, disclosed name of this petitioner as mentioned in para 143 of the case diary.

Patna High Court Cr.Misc. No.3528 of 2017 (3) dt.06-03-2017 2/2 In the circusmtnaces, it appears that the petitioner is not named in the First Information Report and his name has come in the statement of co-accused, Piyush, as mentioned in para 143 of the case diary. Petitioner has no criminal antecedents. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail 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.231 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T