Ganesh Kumar @ Ganes Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26538 of 2019 Arising Out of PS. Case No.-94 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== GANESH KUMAR @ GANES KUMAR, Son of Braj Kishore Singh @ Dholan Singh, Resident of Rusulpur Sohawan, P.S.- Bhagwanpur, DistrictVaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Bhagwanpur P.S. Case No. 94 of 2018 registered for the offences punishable under Sections 447, 341, 323, 308, 427, 504, 379 and 34 of the Indian Penal Code. Prosecution story is that accused persons, including the petitioner were seen by the informant lifting sand, stone chips, bricks kept in his land in front of his house and on protest they became violent and started abusing him and one Shambhu Nath Singh pressed his neck and pushed on earth and it is further alleged that one Tuntun Singh and petitioner pressed his neck by leg and snatched Rs.83,000/- from him. Submission of learned counsel for the petitioner is that Tuntun Singh has been granted anticipatory bail by a co-

Patna High Court CR. MISC. No.26538 of 2019(4) dt.08-07-2019 2/2 ordinate Bench of this Court vide order dated 28.6.2019 in Cr.Misc.No. 39866 of 2019 and the case of the petitioner is on better footing than that of co-accused Tuntun Singh. Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 94 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T