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Patna High CourtCR. MISC./45311/2017allowed

Kunal Mishra @ Kunal Kumar v. The State Of Bihar

2017-10-17Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.45311 of 2017 (2) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45311 of 2017 Arising Out of PS.Case No. -139 Year- 2016 Thana -NARDIGANJ District- NAWADA ======================================================

1. Kunal Mishra @ Kunal Kumar, Son of Late Sadanand Mishra, resident of Village- Hadipur, P.S.- Bachhwara, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Nardiganj Police Station Case No. 139 of 2016, disclosing offences under Sections 341, 323, 307, 353, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. The is petitioner has been made accused in this case merely on the ground of suspicion and except that no cogent material has come against him during course of

Patna High Court Cr.Misc. No.45311 of 2017 (2) dt.17-10-2017 investigation. Moreover, co-accused, Sudha Shree, has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 48603 of 2016. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Nawada, in connection with Nardiganj Police Station Case No. 139 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T