Rajeshwar Prasad Kushwaha @ Raj Kishore Prasad @ Rajkeshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22306 of 2015 Arising Out of PS.Case No. -176 Year- 2011 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rajeshwar Prasad Kushwaha @ Raj Kishore Prasad @ Rajkeshwar Prasad S/o Late Sukdeo Mahto @ Sukdeo Rai Resident of Village Kadamawa Lala Tola, P.S. Ghorasahan, District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-07-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 109, 147, 148, 149, 307, 341, 387, 504 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged that six F.I.R named accused along with two unknown came armed with country made pistol when on the order of Madan Sah co-accused Raja Kumar fired causing injury to the informant. It is alleged against this petitioner that he gave life threatening during the panchayat election.
It is submitted by learned counsel for the petitioner that as per the First Information Report the petitioner was neither alleged to have been armed with weapon
Patna High Court Cr.Misc. No.22306 of 2015 (2) dt.06-07-2015 2/2 nor any overt act has been alleged against the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana, East Champaran at Motihari in connection with Ghorasahan P.S. Case No. 176 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T