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Patna High CourtCR. MISC./3490/2017allowed

Shrawan Kumar @ Sunny Kumar v. The State Of Bihar

2017-05-16Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.3490 of 2017 (7) dt.16-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3490 of 2017 Arising Out of PS.Case No. -231 Year- 2016 Thana -PIRBAHOR District- PATNA ======================================================

1. Shrawan Kumar @ Sunny Kumar, S/o Ravindra Prasad Singh, resident of Village+P.O.- Akhtiyarpur, P.S.- Bikram, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-05-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Pirbahor Police Station Case No. 231 of 2016, disclosing offences under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there is only allegation against the petitioner that he has assaulted the informant on the head by throwing a stone, which is evident from the F.I.R. Moreover, though there is allegation of firing upon the informant against all the F.I.R. named accused but there is only one firearm

Patna High Court Cr.Misc. No.3490 of 2017 (7) dt.16-05-2017 injury caused to one Neeraj Kumar. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, 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, Patna, in connection with Pirbahor Police Station Case No. 231 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T