Patna High CourtCR. MISC./48751/2014bail granted

Kodan Modi @ Umesh Modi v. The State Of Bihar

2015-04-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48751 of 2014 Arising Out of PS.Case No. -136 Year- 2005 Thana -JHAJHA District- JAMUI ====================================================== Kodan Modi @ Umesh Modi Son of Baleshwar Modi Resident of Village - Doma Marhar, Police Station - Laxamipur, District - Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Binod Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 302 and 120B/34 of the I.P.C and section 27 of Arms Act. It is submitted that the petitioner is not named in the F.I.R. and it appears that after two years his name has come only on suspicion. The petitioner has got no knowledge about this case as he was doing work out side of the State and as soon as he came to know that he is wanted in this case he filed anticipatory bail application before the learned Sessions Judge. In this case seven other co-accused persons similarly situated had faced trial vide Sessions Trial No. 104 of 2007 and they have been acquitted and

Patna High Court Cr.Misc. No.48751 of 2014 (2) dt.23-04-2015 2/2 as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. fairly submits that other co-accused have been acquitted.

In the facts and circumstances as stated above, the petitioner in case of his arrest or surrender within two months 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. Jamui in Jhajha P.S. Case No. 136 of 2005, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

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