Thopa Pandey @ Biteshwar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75318 of 2018 Arising Out of PS. Case No.-277 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Thopa Pandey @ Biteshwar Pandey S/o Kamlesh Pandey Resident of VillageMahuli, P.S. Ara Muffasil, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.Ii, Advocate For the Opposite Party/s :

Mr. Sri Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest for the offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code and 27 Arms Act.

It is submitted by counsel for the petitioner that the petitioner has been implicated in this case on the basis of confessional statement of co-accused Prince Kumar against whom there is specific allegation of causing injury by firearm. It is submitted that though the petitioner is co-villager of the informant he has not been named by the informant and the description of perpetrators disclosed by the informant does not match the petitioner's profile.

In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.75318 of 2018(2) dt.19-12-2018 2/2 anticipatory bail of the petitioner is allowed. Let the above named petitioner, in the facts and circumstances of the case, in the event of his arrest or surrender within four weeks from today, 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, Ara, Bhojpur in Ara Muffasil P.S. Case No. 277 of 2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(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 will be liable to be cancelled. (Madhuresh Prasad, J) Prakash/- U