Anirudh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39496 of 2020 Arising Out of PS. Case No.-152 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Anirudh Kumar, Son of Indal Singh, Resident of Village- Patnwan, P.S.- Sasaram (M), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamla Kant Pandey, Advocate For the Opposite Party/s :

Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sasaram(M) P.S. Case No.152 of 2020 registered for the offence punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Due to some previous dispute, as per the allegations made in the FIR, petitioner's son Anil Kumar has fired upon the victim.

It is submitted by the petitioner's counsel that the petitioner by virtue of being the father of the assailant Anil Kumar has unnecessarily been implicated in this case in view of the dispute, which is apparent from the FIR. Having no criminal antecedents, it is submitted that the petitioner is in custody since

Patna High Court CR. MISC. No.39496 of 2020(3) dt.15-03-2021 2/3 20.05.2020, which has wrongly been written as 29.06.2020, due to typographical error in paragraph 12 of the bail application. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, 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 learned Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Sasaram(M) P.S. Case No.152 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings

Patna High Court CR. MISC. No.39496 of 2020(3) dt.15-03-2021 3/3 regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T