Adarsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24488 of 2018 Arising Out of PS.Case No. -88 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Adarsh Kumar, son of Ranjit Kumar @ Kashi Thakur, R/o Village Sherana, P.S. Kanti, District Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mithilesh Kumar Vidyarthi, Advocate For the Opposite Party/s : Mr. Binay Krishna, Spl. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and learned Special P.P.

The petitioner apprehends his arrest in Kanti P.S. Case No. 88 of 2017, G.R. No. 634 of 2017 instituted for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. There is no Test Identification Parade held in this case.

In the written report the informant alleged that some unidentified persons fired on the informant on account of which he sustained injury in his right leg.

The court below has mentioned in the impugned order that co-accused Jeetendra Thakur @ Muntun Thakur was arrested by the

Patna High Court Cr.Misc. No.24488 of 2018 (3) dt.16-05-2018 2/2 police in connection with Kanti P.S. Case No. 178 of 2017 who disclosed the name of this petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kanti P.S. Case No. 88 of 2017, G.R. No. 634 of 2017, he shall 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 Sub Divisional Judicial Magistrate, West Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.