Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42018 of 2016 Arising Out of PS.Case No. -306 Year- 2015 Thana -SAKRA DistrictMUZAFFARPUR =====================================

1. Umesh Kumar, S/o Late Ram Sagar Mahto @ Dhanna Mahto, Resident of Village- Majhaulia, P.S. Sakara, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Amit Anand For the Opposite Party/s : Mr. Navin Kumar Pandey ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Sakara P.S. Case No. 306 of 2015, disclosing offences under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner, at the very outset, has submitted that in similar circumstance other coaccused persons, namely, Birendra Prasad @ Birendra Mahto, Raj Kumar @ Raju Mahto and Anil Das @ Anil Kumar

Patna High Court Cr.Misc. No.42018 of 2016 (2) dt.30-09-2016 2/3 Das, have been granted the privilege of anticipatory bail by this Court vide orders, dated 02.03.2016 and 18.08.2016, passed in Cr. Misc. No. 56137 of 2015 and Cr. Misc. No. 25362 of 2016.

Learned counsel for the petitioner appears to be right in his submission that the case of the present petitioner cannot be distinguished with the allegations made against other three co-accused persons, namely, Birendra Prasad @ Birendra Mahto, Raj Kumar @ Raju Mahto and Anil Das @ Anil Kumar Das, who have been granted anticipatory bail by this Court.

Considering the submission, as above, this application is allowed. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubJudge-XIII-Cum-A.C.J.M., Muzaffarpur, in connection with Sakra P.S. Case No. 306 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that 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

Patna High Court Cr.Misc. No.42018 of 2016 (2) dt.30-09-2016 3/3 his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Praveen-II/-c U T