Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31166 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- JAMHOR District- Aurangabad ====================================================== ANSHU KUMAR, Son of Shri Lalu Sharma @ Lalan Sharma, Resident of Village - Shantipur, P.S.- Jamhor, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar, Advocate For the Informant :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2020 The matter has been taken up through virtual Court proceeding.

Let the defects be removed within two weeks of the start of the physical Court.

Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act. Co-accused Ravi Kumar, standing on identical footing, has already been allowed bail by a Coordinate Bench of this Court vide order dated 23.11.2020 passed in Cr. Misc. No. 30373 of 2020 (Annexure-4).

Learned counsel for the petitioner submits that allegation of commission of assault with lathi etc. is general and

Patna High Court CR. MISC. No.31166 of 2020(2) dt.09-12-2020 2/2 omnibus against all the FIR named fourteen accused persons including the petitioner. Petitioner is in custody since 17.04.2020. Investigation of the case is already complete against the petitioner. Mr. Tribhuwan Narayan, learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jamhor Police Station Case No. 23 of 2020, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T