Patna High CourtCR. MISC./4458/2017bail granted

Bittu Thakur @ Pankaj v. The State Of Bihar

2017-03-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4458 of 2017 Arising Out of PS.Case No. -157 Year- 2015 Thana -NAUTAN District- SIWAN ======================================================

1. Bittu Thakur @ Pankaj, son of Badashah Thakur, resident of villageSikuswara, Police Station- Nautan, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 20-03-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Nautan P.S. Case No.157 of 2015 instituted for the offence under Section(s) 302/34 Indian Penal Code.

It has been submitted that petitioner is not named in the First Information Report. The police after investigation filed charge-sheet against other accused named in the First Information Report showing the petitioner as "Not Sent up", but learned Magistrate has taken cognizance against petitioner also. From the written report, it appears that petitioner is not named in the First Information Report.

Case diary has been received.

Patna High Court Cr.Misc. No.4458 of 2017 (3) dt.20-03-2017 2/2 Learned APP has pointed out that some of the witnesses have stated that the petitioner was found at the place of occurrence and was holding hands of the deceased. From the order of the learned Sessions Judge, it appears that there is no substantive material against the petitioner in the case diary.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Nautan P.S. Case No.157 of 2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 12th Additional Chief Judicial Magistrate, Siwan, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T