Patna High CourtCR. MISC./29751/2014bail granted

Birendra Kumar Singh Chauhan v. The State Of Bihar

2015-01-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29751 of 2014 Arising Out of PS.Case No. -37 Year- 1994 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================

1. Birendra Kumar Singh Chauhan Son of Late Nand Raj Singh Resident of Village-Madhuban Bedipan, P.S.-Pipra, District-East Champaran at Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Abhay Kr. Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-01-2015 Heard the parties.

This is an application for anticipatory bail for the offence punishable under sections 147, 149, 504, 448, 323, 354 and 302 of the I.P.C.

It is submitted that the police after investigation not submitted charge-sheet against the petitioner and exonerated him which was accepted. Later on during trial summons have been issued under section 319 Cr.P.C. and as such the petitioner apprehends his detention. It is further submitted that the similarly situated co-accused Nagendra Paswan has been allowed pre-arrest bail vide order dated 09.05.2014 in Cr. Misc. Misc. No. 12676 of 2014 and as such the petitioner also deserves sympathetic

Patna High Court Cr.Misc. No.29751 of 2014 (2) dt.15-01-2015 2/2 consideration.

Considering the case in its entirety, the petitioner in the event of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 7th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 220 of 2010 arising out of Siwaipatti P.S. Case No. 37 of 1994, subject to the conditions as laid down in section 438 (2) of the Cr.P.c. (Jitendra Mohan Sharma, J) Abhay/- U T