Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26812 of 2020 Arising Out of PS. Case No.-543 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Bipin Kumar [Male, Aged about 20 years] Son of Late Govind Sahani Resident of Village - Amaitha, P.S.- Saraiya (Jaintpur O.P.), District - Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner. No one appears on behalf of the State although the name of the Advocate General appears in the cause list.

The petitioner is apprehending arrest in connection with Saraiya P.S. Case No.543 of 2019 for offences under Sections 395, 397 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. The name of the petitioner has been dragged in the case only on the basis of the confessional statement of of the co-accused. He further submits that other co-accused persons, namely, Sonu Kumar and Balendra Kumar, have been granted anticipatory bail

Patna High Court CR. MISC. No.26812 of 2020(3) dt.05-01-2021 2/2 by a coordinate Bench of this Court vide orders dated 25.11.2019 and 10.12.2019 passed in Cr. Misc. No. 75052 of 2019 and Cr. Misc. No. 81008 of 2019, respectively. Considering the fact that other co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-1st (West), Muzaffarpur in connection with Saraiya P.S. Case No. 543 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T