Azad Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49287 of 2017 Arising Out of PS.Case No. -308 Year- 2017 Thana -GOGRI District- KHAGARIA ====================================================== Azad Kumar, Son of Gopal Singh, R/o Village- Bari Chak, P.S.- Gogri, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Choudhary For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Gogri P.S. Case No. 308 of 2017 for the offences punishable under sections 147, 447, 341, 323, 307, 379 and 506 of the I.P.C.

The learned counsel for the petitioner submits that petitioner no. 2 Raja Kumar has already been arrested and as such his prayer for pre-arrest bail has become infructuous and accordingly permission has been sought to withdraw his prayer for anticipatory bail.

Accordingly, prayer for pre-arrest bail of petitioner no.2 Raja Kumar is dismissed as withdrawn.

Patna High Court Cr.Misc. No.49287 of 2017 (2) dt.17-10-2017 2/2 The learned counsel for the petitioner submits that against petitioner no.1 there is no specific allegation for committing any overtact, specific allegation is against other coaccused, the petitioner has been implicated showing him as only the member of mob and as such he deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances stated above, considering that against the petitioner there is no specific allegation and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall 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 J.M, 1st Class, Khagaria in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T