Anand Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34720 of 2019 Arising Out of PS. Case No.-175 Year-2018 Thana- MUSRIGHRARI District- Samastipur ====================================================== ANAND KUMAR SINGH Son of Amrendra Kumar Singh Resident of Village - Bathua Bujurg, P.S.- Musrigharari, Distric- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Musrigharari P.S. Case N0. 175 of 2018, disclosing offences under Sections 302,379/34 of the Indian Penal Code and Section 27 of the Arms Act.

Case diary was called and is available. It transpires from the case diary that on completion of investigation, the police has submitted charge-sheet. The petitioner has not been sent up for trial though other persons, namely, Rajesh Kumar Pal and Arjun Das have been charge-sheeted and sent up for trial. The Court below has taken cognizance and summoned this petitioner because of which the petitioner apprehends arrest.

Learned counsel for the petitioner submits that since the investigation is complete no tangible purpose is

Patna High Court CR. MISC. No.34720 of 2019(3) dt.17-08-2019 2/2 going to be served, if the petitioner is taken into custody, particularly, when the police have not collected any material against him.

Considering the above, this application is allowed. Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Judicial Magistrate-Icum- Sub-Judge, Samastipur in Musarigharari P.S. Case No. 175 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U