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Patna High CourtCR. MISC./48470/2017allowed

Abhishek Kumar v. The State Of Bihar

2017-11-16Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.48470 of 2017 (3) dt.16-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48470 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -HATHUA District- GOPALGANJ ======================================================

1. Abhishek Kumar, Son of Chhabinath Tiwary, Resident of Village-Titra, P.S.-Mairwa, District-Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamala Kant Tiwary, Adv. For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Hathawa Police Station Case No. 154 of 2016, disclosing offences under Sections 302, 120 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, neither the petitioner has not been named in the F.I.R. nor anything incriminating material has come during course of investigation against this petitioner. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.48470 of 2017 (3) dt.16-11-2017 let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Gopalganj, in connection with Hathawa Police Station Case No. 154 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T