Patna High CourtCR. MISC./26858/2019bail granted

Rahul Kumar @ Rahur Kumar v. The State Of Bihar

2019-04-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26858 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- KISHUNPUR District- Supaul ====================================================== RAHUL KUMAR @ RAHUR KUMAR Son of Jay Prakash Yadav Resident of Village- Tengraha, P.O. - Lalganj, P.S.- Kishanpur, District- Supaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kishanpur P.S. Case No. 195 of 2018 for the offence punishable under Sections 447, 511 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

A security guard of a private company is the informant. Allegedly, the miscreants were attempting to commit theft of certain construction materials belonging to the Company. On an alarm being raised by the informant, allegedly, the miscreants opened fire.

Learned counsel appearing on behalf of the petitioner has submitted that though the petitioner has been named in the First Information Report, but neither his role nor the purpose of naming him is evident from the First Information Report.

Patna High Court CR. MISC. No.26858 of 2019(2) dt.24-04-2019 2/2 On perusal of the First Information Report, I find submission made on behalf of the petitioner to be correct. Considering the above, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned C.J.M., Supaul, in Kishanpur P.S. Case No. 195 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T