Abhishek Rai @Jaiky @Abhishek Kumar Rao @Abhishek Kr. Reo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23785 of 2019 Arising Out of PS. Case No.-188 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== ABHISHEK RAI @JAIKY @ABHISHEK KUMAR RAO @ABHISHEK KR. REO Son of Mithileshwar Rao Resident of Village - Babu Parsauni, P.S.- Bathwariya, Distt - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Shikarpur P.S. Case No. 188 of 2018 for the offence punishable under Sections 394 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

As per the case of the prosecution, two unknown miscreants snatched a bag containing cash worth Rs.17,000.00 from an employee of a petrol pump from the petrol pump. The miscreants are said to have opened fire and fled away. One Dadan Pandey was arrested in another case and has been remanded in the present case, who is said to have disclosed the petitioner's name in his confessional statement. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.23785 of 2019(2) dt.12-04-2019 2/3 petitioner has submitted that except for confessional statement of co-accused Dadan Pandey, there is no material against the petitioner. He also submits that confessional statement of the said co-accused has not led to any recovery. He has also argued that the petitioner's father is a Head Master and if petitioner is granted the privilege of anticipatory bail, his father himself shall be one of the bailors.

Considering the above submission, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned C.J.M., Bettiah, West Champaran in Sikarpur P.S. Case No. 188 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that one of the bailors shall be the father of the petitioner himself and the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his

Patna High Court CR. MISC. No.23785 of 2019(2) dt.12-04-2019 3/3 bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T