Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34866 of 2024 Arising Out of PS. Case No.-817 Year-2023 Thana- HILSA District- Nalanda ====================================================== 1.
Sujit Kumar, Son Of Awadhesh Yadav Resident Of Village Alipur, P.S.- Hilsa, Dist- Nalanda 2.
Amit Kumar, Son Of Awadhesh Yadav Village- Alipur, P.S.- Hilsa, DistNalanda ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the State :
Mr.Raj Kishor Singh- A.P.P.
For the Informant :
Mr.Shashi Bhushan Singh Mr.Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-07-2024
1. Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 332, 307, 353, 224 and 225 of the Indian Penal Code and Sections 25(1-B)a and 27 of the Arms Act.
3. The learned counsel for the petitioners submits that the petitioners have antecedent of five cases and have been falsely implicated in the instant case for the reason that they are sons of Awadhesh Yadav @ Awadhesh Prasad. It is next submitted that Awadhesh Yadav @ Awadhesh Prasad had moved this Court seeking anticipatory bail by filing Cr. Misc. No.36367 of 2024 and
Patna High Court CR. MISC. No.34866 of 2024(3) dt.23-07-2024 2/3 after considering his case on merit, Awadhesh Yadav was granted the privilege of anticipatory bail by order dated 24.06.2024. It is next submitted that the case of the petitioners is also akin to the case of Awadhesh Yadav and thus, seeks anticipatory bail on the basis of parity. It is also submitted that petitioners will not abscond rather will cooperate in the investigation.
4. Learned A.P.P. opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Hilsa, Nalanda in connection with Hilsa P. S. Case No.817 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
7. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the
Patna High Court CR. MISC. No.34866 of 2024(3) dt.23-07-2024 3/3 investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
8. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T