Bablu Kumar @ Brajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10387 of 2020 Arising Out of PS. Case No.-11 Year-2013 Thana- SINGHESHWAR District- Madhepura ====================================================== BABLU KUMAR @ BRAJESH KUMAR Son of Ramjee Prasad Yadav Resident of Village-Sabaila, P.S.-Singheshwar, District-Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikramdeo Singh For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.
This application, for grant of anticipatory bail, arises out of Singheshwar Police Station Case No. 11 of 2013, disclosing offences under Sections 143/323/307/427/379 of the Indian Penal Code.
The allegation against the petitioner, as per the First Information Report, is that the petitioner, along with other coaccused persons, destroyed the survey machine, worth Rs. 7,00,000/- and took it away with them. It has further been alleged that the petitioner and other accused persons assaulted the Surveyor with the help of tripod of survey machine while the survey for installation of electric line was going on.
Patna High Court CR. MISC. No.10387 of 2020(2) dt.17-06-2020 2/3 Learned Counsel for the petitioner submits that the petitioner had no apprehension of arrest earlier inasmuch as in the First Information Report, the complete name and parentage of the petitioner was not mentioned. However, the police filed an application before the learned Court below seeking issuance of warrant of arrest against him in the year 2019 and only then the petitioner took steps for grant of bail. He further submits that there is no specific allegation against the petitioner in the First Information Report and the stolen article has not been recovered from the possession of the petitioner. He next submits that the informant has filed compromise petition before the learned Court below on 24/25.08.2015.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that no incriminating article has been recovered from the possession of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.10387 of 2020(2) dt.17-06-2020 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Singheswar Police Station Case No. 11 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √