Patna High CourtCR. MISC./7859/2016bail granted

Alok Kumar And ANR v. The State Of Bihar

2016-04-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7859 of 2016 Arising Out of PS.Case No. -111 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Alok Kumar, S/o Madan Paswan

2. Gautam Kumar, S/o Baleshwar Das Both R/o Village- Bhagat Chowki, P.S.- Mufassil, District- Munger.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Parmanand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-04-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Mufassil P.S.Case No. 111/2014, disclosing offences under sections 341, 323, 325. 307, 34 of the Indian Penal Code. Learned counsel for the petitioners submits that there is an allegation of assault made by co-accused Pawan Kumar with the butt of his licensed gun. He submits that no offence under section 307 of the Indian Penal Code is made out on the basis of allegation made in the First Information Report. It has been stated that the petitioners have no criminal antecedent.

Considering the above, this application is allowed.

Patna High Court Cr.Misc. No.7859 of 2016 (2) dt.04-04-2016 Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Munger in Muffasil P.S.Case No. 111/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U