Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4381 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- RAJAPAKAR District- Vaishali ====================================================== Mithilesh Kumar Son of Late Ram Mangal Singh, resident of VillageRajapakar Rajputana Tola, Police Station- Rajapakar, District- Vaishali. ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Girish Chandra Jha For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Rajapakar P.S.Case no.73 of 2018 , registered for offences punishable under Sections 147, 148, 149, 341, 323, 379, 427, 337, 504 and 506 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)(r)(s) of S.C./S.T. Prevention of Atrocities Act.

Allegation against the appellant is of firing on the informant.

Submission of the learned counsel for the appellant is that the allegations are general in nature and specific allegation is against two co-accused persons and considering the same the other co-accused persons have been granted privilege of the anticipatory bail, vide judgment dated 10.9.2018 passed in Cr.

Patna High Court CR. APP (SJ) No.4381 of 2018(4) dt.16-01-2019 2/2 Appeal (SJ) No.2415 of 2018 .

Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant , above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st Vaishalia at Hajipur in connection with Rajakapara P.S.Case no.73 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation of the case.. Accordingly, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) chn/- U