Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35301 of 2019 Arising Out of PS. Case No.-515 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== ANAND KUMAR Son of Satyadev Tiwari Resident of Village-Mudwa, P.S.- Palanwa, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Bimlesh Kumar Pandey Mr. Vikash Kumar Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Chanpatia P. S. Case No. 515 of 2018 instituted for the offence under Section(s) 341, 342, 323, 307, 387, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Later on Sections 302 and 120B were added.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. There is no recovery of any incriminating article from his possession. Name of this petitioner has been disclosed by co-accused Vinay Pathak in his confessional statement.

It is alleged in the written report that on the order of

Patna High Court CR. MISC. No.35301 of 2019(3) dt.19-07-2019 2/3 co-accused Diwakar Pathak and Navin Varnwal, co-accused Vinay Pathak caused firearm injury on the father of informant. Co-accused Navin Varnwal has already been granted bail by this Court vide order dated 09.05.2019 passed in Cr. Misc. No. 30622/2019.

The petitioner is in custody since 1.4.2019. Considering the aforesaid, let the petitioner, above named, 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 ACJM Vth Bettiah, West Champaran in connection with Chanpatia P. S. Case No. 515 of 2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of

Patna High Court CR. MISC. No.35301 of 2019(3) dt.19-07-2019 3/3 the petitioner.

(Sanjay Priya, J) rakhi/- U T