Pikku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66345 of 2018 Arising Out of PS. Case No.-547 Year-2017 Thana- DANAPUR District- Patna ====================================================== Pikku Kumar Son of late Prithiviraj Chauhan@ Chauhan Resident of VillageNaya Tola, P.S. Danapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar Ray For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 302, 120B of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in short, is that while the informant was walking in front of his house in the morning along with his brother and son, the accused persons came and assaulted them and fired at his brother due to which he succumbed to the injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.66345 of 2018(2) dt.19-12-2018 2/2 present case. As per the allegation, the petitioner had caught hold of the informant at the time of occurrence. No allegation of specific overt act is alleged against the petitioner. Other coaccused has been granted anticipatory bail bail vide order dated 03.05.2018 passed in Cr. Misc. No. 21626 of 2018. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Danapur, Patna in connection with Danapur P.S. Case No. 547/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T