Mahesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33569 of 2024 Arising Out of PS. Case No.-37 Year-2013 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Mahesh Ram SON OF MISHRI RAM VILLAGE- RAMSIR, PSCHANAN, DIST- LAKHISARAI 2.

PINKU RAM @ PINKU KUMAR SON OF PATALI RAM VILLAGERAMSIR, PS- CHANAN, DIST- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Lakhisarai Police Station Case No. 37 of 2013, disclosing offences punishable under Sections 147/148/149/448/353/337/427 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 10.02.2013, during the raid, the informant arrested two persons. It has further been alleged that at about 7 PM, the petitioner, along with 30-40 unknown persons, came to the Police Station, pelted stones and fled away from there.

Patna High Court CR. MISC. No.33569 of 2024(2) dt.27-05-2024 2/3

4. Learned Counsel for the petitioner submits that the petitioner was given the benefit of Section 41-A of the Code of Criminal Procedure, 1973 and the petitioner cooperated during the course of investigation. Charge sheet has been submitted on 14.12.2023 against the petitioner and others and summons has been issued to the petitioner on 14.12.2023. The petitioner has apprehension of arrest.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact the petitioner was given the benefit of Section 41-A of the Code of Criminal Procedure, 1973 and he co-operated during the course of investigation, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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 learned Judicial Magistrate, 1st Class, Lakhisarai, in connection with Lakhisarai Police Station Case No. 37 of 2013, subject to the condition laid down under Section 438 (2)

Patna High Court CR. MISC. No.33569 of 2024(2) dt.27-05-2024 3/3 of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √