Patna High CourtCR. MISC./40809/2017allowed

Deepu Kumar v. The State Of Bihar

2017-10-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40809 of 2017 Arising Out of PS. Case No. -89 Year- 2016 Thana -RAXAUL District- EASTCHAMPARAN (MOTIHARI) ====================================================== Deepu Kumar, Son of Sri Mohan Singh, Resident of Village- Dattmari, P.S. Dhanaura, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Raxaul P.S. case no. 89 of 2016 for the offence under Sections 25(1-b)a/26/27/35 of the Arms Act.

Counsel for the petitioner submits that the petitioner is a man of clean antecedent. He submits that the name of the petitioner is not mentioned in the F.I.R. in a case where allegation against the co-accused and other miscreants of firing from rifle and gun in the air to terrorize the villagers. Counsel for the petitioner submits that similarly circumstanced other co-accused, namely, Pawan Yadav, was granted anticipatory bail vide order dated 05.10.2016 passed in Cr.

Patna High Court Cr.Misc. No.40809 of 2017 (3) dt.17-10-2017 2/2 Misc. No. 35989 of 2016. He submits that rest of the accused persons were apprehended at the spot and most of them have been granted bail.

Considering the fact that similarly circumstanced coaccused, namely, Pawan Yadav, was granted anticipatory bail vide order dated 05.10.2016 passed in Cr. Misc. No. 35989 of 2016, the petitioner, named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul, East Champaran, Motihari in connection with Raxaul P.S. case no. 89 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) Uday/- U T