Brajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30689 of 2014 Arising Out of PS.Case No. -63 Year- 2008 Thana -ARWAL District- JEHANABAD ====================================================== Brajesh Kumar Son of Ramkali Singh resident of village - Kinzar, P.S. Kinzar, District - Arwal .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pancham Lal Jaiswal Mr. Ashok Kumar For the Opposite Party/s : Mrs. Anusaiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 14-01-2015 Heard the parties.
The petitioner apprehends his arrest in a criminal prosecution registered under Section 302/34 of the Indian Penal Code as also under Section 27 of the Arms Act. Learned counsel appearing on behalf of the petitioner submits that though the petitioner is also one of the named accused in the F.I.R. vide Annexure-2, but on close of investigation police submitted final report as per Annexure-4 on 03.06.2009 showing him to be innocent and he was not chargesheeted. However, learned Magistrate, on the basis of protest petition filed by the informant, has taken cognizance of the offence and has issued process against him also. It is further pointed out that though the prayer for anticipatory bail was earlier rejected by a Bench of this Court by order dated 03.03.2010 passed in Cr. Misc. No. 42241 of 2009 (Annexure-1), but at that time the facts regarding submission of final report was not brought to the notice of the Hon'ble Judge. It is also pointed out that the same Bench granted anticipatory bail to co-accused
Patna High Court Cr.Misc. No.30689 of 2014 (2) dt.14-01-2015 2/3 Rajesh Kumar by order dated 20.05.2009 passed in Cr. Misc. No. 13815 of 2009 (Annexure-6).
Taking into consideration the aforesaid aspects particularly the fact that on close of investigation, final report was submitted against the petitioner vide Annexure-4, the prayer for anticipatory bail is allowed.
In the event of his arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Arwal P.S. Case No. 63 of 2008, subject to the condition as laid down under Section 438(2) of the Cr. P. C.
Patna High Court Cr.Misc. No.30689 of 2014 (2) dt.14-01-2015 3/3 himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner.
(Birendra Prasad Verma, J) BTiwary/- U T