Umang Kumar @ Anku Tripathi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23301 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -DHANGAI District- BHOJPUR ====================================================== Umang Kumar @ Anku Tripathi, Son of Shri Dipak Kumar Tripathi @ Dipu Tripathi, Resident of Village- Dalippur, Police Station- Dhangain, District- Bhojpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anshuman Mr. Umesh Narayan Dubey For the Opposite Party/s : Mr. Ajit Kumar Mr. Raj Narayan Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

20-07-2017 Heard Sri Anshuman, learned counsel assisted by Sri Umesh Narayan Dubey, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Sri Raj Narayan Mishra, learned counsel for the informant.

The sole petitioner, apprehending his arrest in Dhangai P.S. Case No. 07 of 2017 registered for offence under Sections 302/120B/34 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender. By way of referring to F.I.R., learned counsel for the petitioner submits that informant himself is not an eye-witness. The informant has stated that he had got an information that about ten accused persons, which include petitioner, had assaulted his

Patna High Court Cr.Misc. No.23301 of 2017 (4) dt.20-07-2017 2/3 brother and killed him, whereas, according to learned counsel for the petitioner, the petitioner was not at all present in his village on the date of occurrence, rather the petitioner is residing at Patna and he is studying in B.Sc. Part - III in Sir Ganesh Dutt Memorial College, R.P.S. More.

Learned Addl. Public Prosecutor as well as learned counsel for the informant have opposed the prayer for grant of anticipatory bail. However, learned counsel for the informant was not in a position to dispute that from the F.I.R. itself, it is evident that informant is not an eye-witness.

Considering the fact that information has been given on the basis of hearsay witness and submission made in paragraph - 9 of the petition that petitioner is student of a college in Patna, the petitioner namely Umang Kumar @ Anku Tripathi, in the event of arrest or surrender within a period of six weeks from today, is directed to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri N. K. Shrivastava, J.M. 1st Class, Bhojpur at Ara in connection with Dhangai P.S. Case No. 07 of 2017, subject to condition as laid down under Section 438 (2) of the Cr.P.C.

It is clarified that if during investigation, sufficient

Patna High Court Cr.Misc. No.23301 of 2017 (4) dt.20-07-2017 3/3 material is found against the petitioner and petitioner is forwarded as accused by the police in the chargesheet, in that event, the petitioner will have to surrender before the court below forthwith and make a prayer for regular bail.

(Rakesh Kumar, J.) Anay U T