Raja Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2037 of 2019 Arising Out of PS. Case No.-274 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ======================================================

1. Raja Kumar and Anr Shankar Yadav Resident of Village- Kumarchakki, P.S.- Rahimpur, P.S.- Khagaria (Muffasil), District - Khagaria

2. Golu Kumar Mantun Sah Resident of Village- Kumarchakki, Rahimpur, P.S.- Khagaria (Muffasil), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Advocate For the Opposite Party/s :

Sri Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with S.Kamal P.S.Case No. 274 of 2018, G.R. No.3684/2018, registered for offences punishable under Sections 398, 399, 402, 307, 353 of the Indian Penal Code and Section 27 of the Arms Act.

As per F.I.R., allegation against the petitioners is of firing on the police party and thereafter they fled away and recovered one motorcycle and one empty cartridge of 302 bore and some papers from the dickey of the motorcycle with respect to the ownership of motorcycle.

Submission of the learned counsel for the petitioners is that the petitioners are not named in the F.I.R. and later on the

Patna High Court Cr.Misc. No.2037 of 2019(3) dt.05-02-2019 2/2 name of the petitioners transpired on the re-statement of the informant and the petitioners have no criminal antecedents. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with S.Kamal P.S.Case No. 274 of 2018, G.R. No. 3684 of 2018, to the satisfaction of learned A.C.J.M.-V, Begusarai, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) sudha/- U T