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Patna High CourtCR. MISC./62209/2017bail granted

Sanju Kumar @ Raj Kumar And ANR v. The State Of Bihar

2018-01-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62209 of 2017 Arising Out of PS.Case No. -633 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Sanju Kumar @ Raj Kumar, S/o Suraj Dev Prasad,

2. Suraj Dev Prasad S/o Late Fakira Mahto, Both R/o Village- Pakhanpur, P.S.- Hilsa, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2018 Heard the learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Hilsa PS case no. 633 of 2017 registered for the offences punishable under Sections 447, 147, 148, 149, 307, 504, 506 of the Indian Penal Code and 37 of the Arms Act.

The allegation against the petitioners is that they along with six unknown persons came at the door of the house of the informant and not only abused the informant's side, but also fired 10 rounds from a country made pistol with an intention to kill the informant.

The learned counsel for the petitioner submits that neither

Patna High Court Cr.Misc. No.62209 of 2017 (2) dt.04-01-2018 2/2 any firearm injury has been found on the person of the informant or the informant's side nor any grievous injury has been found. It is further submitted that the petitioners have been falsely been implicated on account of alleged enmity, however, the matter has been compromised between the parties and a joint compromise petition has also been filed before the learned trial court on 19.7.2017. It is further submitted that the petitioners have a clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st Class, Hilsa, Nalanda in connection with Hilsa PS case no. 633 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T