Patna High CourtCR. MISC./2196/2017bail granted

Kawal Singh @ Kawal Kumar v. The State Of Bihar

2017-01-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2196 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -MAHKAR District- GAYA ======================================================

1. Kawal Singh @ Kawal Kumar, Son of Lal Narayan Sharma, resident of village - Chhotiya, Police Station Mahkar, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Mahkar P.S. Case No. 33 of 2016 for the offences punishable under sections 147, 148, 149, 323, 307, 223, 224, 353, 385 and 427 of the I.P.C and section 3⁄4 of the Damage to Public Property Act, 1984.

Allegedly, the petitioner and other accused persons were extorting money from the truck drivers who were loading the sand and then the police arrested two of the accused persons but subsequently a number of accused persons came there and rescued the two arrested accused persons and damaged the police vehicle. At last, three of the accused persons were apprehended and they

Patna High Court Cr.Misc. No.2196 of 2017 (2) dt.23-01-2017 2/2 disclosed the names of others including the petitioner. It is submitted on behalf of the petitioner that he has been falsely implicated, there is no substantive evidence to show the implication of the petitioner, in the present case only on suspicion he has been named, some of the accused have been granted anticipatory bail vide Cr. Misc. No. 25020 of 2016 and Cr. Misc. No. 27530 of 2016.

The learned A.P.P. submits that the petitioner is named in the FIR.

In the facts and circumstances as stated above, the petitioner also, in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. C.J.M. Gaya in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T