Subhay Kumar @ Shubham Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.50149 of 2017 (3) dt.04-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50149 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Subhay Kumar @ Shubham Kumar Son of Sri Arvind Singh Resident of village- Nischalganj, Police Station- Parwalpur, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Laheri Police Station Case No. 28 of 2017, disclosing offences under Sections 302 and 120(B) of the Indian Penal Code and 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, the petitioner has not been named in the F.I.R. rather his name has surfaced in this case merely on the basis of confession of the co-accused and except confession, no cogent material has come against the petitioner during course of investigation. Hence, the petitioner deserves the

Patna High Court Cr.Misc. No.50149 of 2017 (3) dt.04-12-2017 privilege of anticipatory bail.

Considering the facts and circumstances of the case, 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 Additional Chief Judicial Magistrate-III, Nalanda at Biharshariff, in connection with Laheri Police Station Case No. 28 of 2017, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T