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Patna High CourtCR. MISC./10760/2017bail granted

Ghuntun Kumar @ Santosh Kumar @ Guntun Kumar And ORS v. The State Of Bihar

2017-03-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10760 of 2017 Arising Out of PS.Case No. -542 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. GHUNTUN KUMAR @ SANTOSH KUMAR @ GUNTUN KUMAR S/o Haridayal Rai

2. Muntun Kumar @ Mintu Kumar S/o Haridayal Rai

3. Santu Kumar @ Santu Kumar, S/o Haridayal Rai All Resident of Village- Harvanshpur, P.S.- Hajipur Town, District- Vaishali.

4. Chandan Kumar, S/o Vinod Kumar, Resident of Village- Lodipur, P.S.- Hajipur Town, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Hajipur Town P.S. Case No. 542 of 2016 instituted for the offence under Section (s) 147, 148, 149, 307, 380, 379, 427, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of the Explosive Substances Act.

As per complaint, which was transferred to the police under Section 156(3) Cr.P.C, there is specific allegation against petitioner No. 1 of throwing bomb from his Jhola causing damage to Hero Honda Splender motorcycle kept on the door of

Patna High Court Cr.Misc. No.10760 of 2017 (2) dt.18-03-2017 2/2 the informant. He also torn the seat of the motorcycle of the informant causing loss of Rs. 2,000/-.

In such circumstance, this Court is not inclined to enlarge the petitioner No. 1 Ghuntun Kumar @ Santosh Kumar @ Ghuntan Kumar on anticipatory bail. The prayer of the petitioner No. 1 for anticipatory bail is rejected. So far as allegation against petitioner Nos. 2 to 4 are concerned, since there is no specific allegation of overt act against them, the prayer of the petitioner Nos. 2 to 4 for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner Nos. 2 to 4, above named, within six weeks from today in connection with Hajipur Town P.S. Case No. 542 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T