Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12538 of 2019 Arising Out of PS. Case No.-514 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Vinod Kumar, Son of Murari Prasad, Resident of N.C. Ghosh Lane, New Jakkanpur, P.S.-Jakkanpur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niraj Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 447, 341, 323, 504 and 506/34 of the IPC and Section 27 of the Arms Act. The prosecution case, as per the written report of Kundan Kumar, dated 08.11.2018, submitted to the Station House Officer, Gardanibag Police Station, is to the effect that the informant is an employee of City Maurya Cable T.V. Pvt. Ltd. On 07.11.2018, at about 10.30 P.M., the petitioner, Vinod Kumar and co-accused, Ranjan Kumar came variously armed and started abusing the informant and on the pistol point, they threatened to kill the informant and on alarm being raised, when the brother and uncle of the informant came, both the accused

Patna High Court CR. MISC. No.12538 of 2019(2) dt.28-02-2019 2/3 persons, after resorting fire in the air, escaped from the scene. It is submitted by learned counsel for the petitioner that admittedly, no injury has been caused to anyone by the petitioner. For the alleged occurrence of 07.11.2018, at 10.30 P.M., the FIR has been lodged on 08.11.2018 at 1.30 P.M., when the Police Station is only three kilometers away from the place of occurrence. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that similarly situate coaccused Ranjan Kumar has been granted privilege of anticipatory bail by the learned Court below itself. Learned APP submits that the petitioner is named in the FIR.

Considering the fact that there is no accusation against the petitioner to have caused injury to anyone, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Patna

Patna High Court CR. MISC. No.12538 of 2019(2) dt.28-02-2019 3/3 in connection with Gardanibagh P.S. Case No. 514 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T