Patna High CourtCR. MISC./21922/2017bail granted

Digamber Mistri @ Digamber Kumar v. The State Of Bihar

2017-06-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21922 of 2017 Arising Out of PS.Case No. -271 Year- 2016 Thana -BAKHTIARPUR District- SAHARSA ====================================================== DIGAMBER MISTRI @ DIGAMBER KUMAR Son of Satya Narain Mistri Resident of Village Kunadan tola, P.S. Simri, Bakhtiyarpur, District Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binoy Kumar Sinha-1 For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-06-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 271 of 2016 for the offences punishable under sections 341, 323, 327 and 386/34 of the I.P.C.

Allegedly, after committing the crime three persons succeeded in fleeing away and one Amit Kumar was apprehended and that Amit Kumar stated the name of the petitioner and others that they succeeded in fleeing away.

Submission is of false implication and that besides the confessional statement of Amit Kumar there is no other legal

Patna High Court Cr.Misc. No.21922 of 2017 (2) dt.19-06-2017 2/2 material against the petitioner, nothing has been recovered from possession of the petitioner or from his house, due to enmity Amit Kumar has named the petitioner, the petitioner has got no criminal antecedent and as such he deserves sympathetic consideration. The learned A.P.P. stated that Amit Kumar has stated the name of the petitioner at once.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks 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. C.J.M. Saharsa in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T