Anil Prasad @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40036 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -DUMARIA District- GAYA ====================================================== Anil Prasad @ Anil Kumar, S/o Ramdeo Prasad Resident of VillageKolhubar, P.S.- Dumariya, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Dumariya P.S. Case No. 28 of 2017 registered for the offences punishable under Sections 302, 379, 435, 147, 148 and 149 of the Indian Penal Code.

Allegation against the petitioner is of killing the husband of the informant by accused persons.

Submission of learned counsel for the petitioner is that for the same occurrence four cases have been lodged, out of which one case has been lodged by petitioner's side, one by police and one case has been lodged by Uday Kumar, who did not name this petitioner, stating that informant's husband fired which hit at Guriya Kumari causing injuries to her. Further submission is that petitioner is a Compounder and has falsely been implicated in this case. Further submission is that there is general and omnibus allegation against him and he is in custody since 15.5.2017, having no criminal antecedent.

Patna High Court Cr.Misc. No.40036 of 2017 (3) dt.08-09-2017 2/2 Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and in view of facts and circumstances, let petitioner, above named, be released on bail 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 Sub-Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Dumariya P.S. Case No. 28 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U