Chandra Shekhar Kumar @ Bholu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43915 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.
Chandra Shekhar Kumar @ Bholu S/o Late Ajay Singh R/o village- BaroonGanj, P.S.- Barun, District- Aurangabad 2.
Sanjay Kumar S/o Binod Singh R/o village- Baroon-Ganj, P.S.- Barun, District- Aurangabad 3.
Chotu Kumar S/o Late Ajay Singh R/o village- Baroon-Ganj, P.S.- Barun, District- Aurangabad ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Senior Advocate Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Barun P.S. Case No. 86 of 2019 for the offence punishable under Sections 306, 323, 353, 333, 379, 420, 411, 504, 506, 426, 341, 147, 148 and 149 of the Indian Penal Code and Section 4 and 40 of Bihar Minor Mineral Concession Rules and Section 15 of Environment Protection Act.
Learned Senior Counsel, appearing on behalf of the petitioners, has referred to an order of this Court, dated 30.05.2019, passed in Cr. Misc. No. 35420 of 2019, to submit that similarly circumstanced co-accused Chintu Kumar and Mantu Singh have been allowed anticipatory bail.
Patna High Court CR. MISC. No.43915 of 2019(2) dt.17-07-2019 2/2 As regards petitioners No. 1 and 2 of the application, there is averment in paragraph 3 that they have criminal antecedent inasmuch as they are accused in a case registered for the offence punishable under Section 341, 323, 354, 448, 504 and 506/34 of the Indian Penal Code. However, considering the facts and circumstances and general and omnibus nature of allegation, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad, in Barun P.S. Case No. 86 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T