Aditya Kumar @ Aditya Somya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51306 of 2016 Arising Out of PS.Case No. -801 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Aditya Kumar @ Aditya Somya, Son of Binay Narayan Shahi, Resident of Village Banke Patti, Majhaua, P.S. Choutarva,Bagha, Bettia, District West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Sahay Jamuar, Advocate. For the Opposite Party/s : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bettiah Town P.S.Case No. 801 of 2015 instituted under Sections 307, 326 and 302 of the Indian Penal Code. The allegation, in brief, is that nephew of the informant was killed by one Banti Singh by inflicting several blows of knife leading to his death.

Learned counsel for the petitioner submits that the F.I.R. is lodged only against Banti Singh and the petitioner is not named in the F.I.R. and he has been falsely implicated in this case being the cousin of accused Banti Singh and similarly situated another co-accused Sant Kumar Rao has been granted anticipatory

Patna High Court Cr.Misc. No.51306 of 2016 (3) dt.06-02-2017 2/2 bail by a co-ordinate Bench of this Court vide order dated 21.04.2016 passed in Cr. Misc. No. 14595 of 2016. Considering the aforesaid facts and circumstances, in particular, there appears no allegation against the petitioner in the FIR, so the petitioner, namely, Aditya Kumar @ Aditya Somya, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 801 of 2015; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973 with a further direction that he shall present before the police or the court below, as the case may be, for assisting in the investigation or trial and in case of failure to appear for two consecutive dates, his bail bond shall be liable to be cancelled. (Arun Kumar, J) Sujit/- U