Shivji Rai @ Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5432 of 2016 Arising Out of PS.Case No. -894 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Shivji Rai @ Birendra Kumar Son of Late Narayan Rai, Resident of Village - Lodipur, P.S. - Town, District - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Ranjan For the Opposite Party/s : Mr. Rajendra Pd.Nat(App) For the informant : Dr. Alok Kumar Alok ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-03-2016 Heard learned Counsel for the petitioner, the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Hajipur Town Police Station Case No. 894 of 2015, disclosing offences under Sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 307, 427, 302, 504 and 506 of the Indian Penal Code.

Learned Counsel for the petitioner appears to be right in his submission that in the First Information Report, no role at all has been attributed against the present petitioner in commission of the offence. He submits that there is not even a whisper about the petitioner's role except that prior to the said occurrence, an altercation had

Patna High Court Cr.Misc. No.5432 of 2016 (2) dt.10-03-2016 2/2 taken place between the petitioner and the deceased. In my opinion, the petitioner has been able to make out an exceptional case for grant of privilege of anticipatory bail, though it is a case under Section 302 of the Indian Penal Code.

This application is accordingly allowed.

Let the petitioner, Shivji Rai @ Birendra Kumar, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Vaishali, in connection with Hajipur Town Police Station Case No. 894 of 2015, subject to the condition 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √