Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12965 of 2023 Arising Out of PS. Case No.-149 Year-2020 Thana- NAWADA District- Nawada ====================================================== Guddu Kumar Son Of Bhola Mahto R/V- Ohari, P.S- Nawada (Kadirganj O.P) Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhas Ranjan For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 279, 337, 338, 323, 307, 302 and 34 of the Indian Penal Code. As per the prosecution case, when the informant's sister was returning with Hirday Kumar on motorcycle a Scarpio came, being driven rashly and hit the motorcycle from behind. The motorcyclist and pillion got injured. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He submits that the deceased died due to

Patna High Court CR. MISC. No.12965 of 2023(3) dt.20-06-2023 2/2 road accident. He submits that the petitioner is not named in the F.I.R. and his name has been figured from the statement of Hirday Kumar (injured). He further submits that the co-accused Awadesh Mahto has been granted anticipatory bail by the learned court below. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Nawada P.S. Case No. 149 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T