Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30661 of 2019 Arising Out of PS. Case No.-335 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Bhola Kumar Son of Yogendra Sharma @ Yogendra Singh @ Yogi Singh Resident of Village - Manjhaulia, P.S.- Phulwarisharif, District - Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Apprehending his arrest in connection with Naubatpur P.S. Case No. 335 of 2018 registered for the offence under Sections 341,323,354/34 of the Indian Penal Code to which Section 302/34 of the Indian Penal Code was added subsequently, the petitioner has preferred this application for grant of anticipatory bail.

As per the allegation in the F.I.R., it is alleged by the informant that the accused persons named therein assaulted the informant and members of his family as the informant's son had been kidnapped.

It is submitted by learned counsel for the petitioner that besides the F.I.R. being cryptic and the petitioner not being

Patna High Court CR. MISC. No.30661 of 2019(3) dt.24-07-2019 2/2 named therein, his name transpired for the first time in the protest petition of the informant twenty days later and this too in retaliation of F.I.R. the Naubatpur P.S. Case No. 334 of 2018 which was lodged by the wife of the petitioner and wherein the informant Dinesh Kumar was named as accused. It is further submitted that the petitioner has no criminal antecedent. Having heard learned counsel for the petitioner and learned A.P.P. for the State and taking into consideration the fact and circumstances as narrated herein above, the court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, in connection with Naubatpur P.S. Case No. 335 of 2018 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Partha Sarthy, J) aks/-rahul U T