Robin @ Robin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36642 of 2015 Arising Out of PS.Case No. -218 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Robin @ Robin Kumar Son of Raj Kishore Prasad Resident of Mohalla - Loharpatti, P.S. Motihari, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Md. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 326, 307, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act. Subsequently Section 302 of the Indian Penal Code was also added.

The prosecution case is that six motorcycle borne miscreants in two motorcycles surrounded the informant and Amit Kumar Gupta when co-accused Shambhu Prasad and his son Rohit Kumar fired indiscriminately. It is alleged that coaccused Rajesh Ram and other accused persons escaped from the scene with the motorcycles. Subsequently the victim Amit Kumar Gupta succumbed to the injuries. The name of the petitioner sprang up on confession of co-accused Ansul Rai in

Patna High Court Cr.Misc. No.36642 of 2015 (2) dt.10-09-2015 2/2 Motihari Town P.S. Case No. 128 of 2015.

It is submitted by learned counsel for the petitioner that name of the petitioner sprang up after one year of the registration of the case on the confession of Ansul Rai in another case with respect to one Chotu Jaiswal, who conveyed him about the complicity of the petitioner. Moreover the F.I.R named accused persons have been granted anticipatory bail vide Cr. Misc. No. 30339 of 2014 and Cr. Misc. No. 31056 of 2014.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 218 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T