Anil Kumar Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 36593 of 2020 Arising Out of PS. Case No.-244 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== ANIL KUMAR GOND S/o Lal Bahadur Gond @ Lalbahadur Gond Resident of Village-Dubauli (English Dera), P.S.-Simri, District-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Manish Kr No 13, Rohit Kr, Advocates For the Opposite Party/s :

Ms Meena Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Brahmpur (Krishnabrahm) Police Station (for brevity, PS) Case No 244 of 2020 dated 18.05.2020 instituted for the offence punishable under Section 394 of Indian Penal Code and Section 27 of Arms Act. Since 18.06.2020, petitioner is stated to be in custody. Allegation is that the informant was looted of his motorcycle, cell phone and other belongings. Three unknown miscreants, who have committed the offence, have allegedly fired upon him. It is submitted that there is no recovery from the petitioner. He has no criminal antecedent and that two other coaccused persons, namely, Raja Yadav and Kumar Shashwat @

Patna High Court CR. MISC. No.36593 of 2020(3) dt.22-02-2021 2/3 Ganesh Tiwari have been allowed bail by different Benches of this Court in Cr Misc No 28443 of 2020 by order dated 11.11.2020 and Cr Misc No 25307 of 2020 by order dated 28.09.2020 respectively. Submission is of false implication. Learned APP has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in Brahmpur (Krishnabrahm) PS Case No 244 of 2020 dated 18.05.2020 corresponding to GR No 1130 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today

Patna High Court CR. MISC. No.36593 of 2020(3) dt.22-02-2021 3/3 for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T