Deepak Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16969 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -BUDDHACOLONY District- PATNA ======================================================
1. Deepak Kumar Son of Parmeshwar Rai
2. Vivek Kumar @ Biek Kumar Son of Late Sunil Rai
3. Mintu Kumar @ Mintu Kumar Yadav, son of Late Sunil Rai @ Sunil Swarg,
4. Bikki Kumar, Son of Late Munna Prasad, All residents of MohallaDujra, P.S.- Budha Colony, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Sucheta Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2016 Heard both sides.
The petitioners apprehend their arrest in Budha Colony P.S. Case No. 151/2015, registered for the offences punishable under Sections 147, 148, 149, 323, 353, 307, 153A, 153, 504, 506, 337, 283 of the Indian Penal Code.
The informant alleged that he received a call of the daughter of Md. Nasim who disclosed that 30-40 persons came and threatened her father. The informant went their and found that both sides were pelting stones on each other and started firing. It is submitted that of course the name of the petitioners are figured in the F.I.R., but no specific allegation is made against
Patna High Court Cr.Misc. No.16969 of 2016 (2) dt.16-05-2016 2/2 these petitioners. Similarly situated co-accused persons Md. Kallu, Md. Nausad Ali, Md. Shahud Alam have already been granted anticipatory bail vide order passed in Cr. Misc. 2550/2016 and Md. Pintu and Others have been granted anticipatory bail vide order passed in Cr. Misc. 9131/2016. The case of petitioners stands on the same footing.
Considering the facts aforesaid and the fact that similarly situated co-accused persons have already been granted anticipatory bail, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Smt. Ritu Kumari Bharti, learned Judicial Magistrate Ist Class, Patna in connection with Budha Colony P.S. Case No. 151/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T