Patna High CourtCR. MISC./34706/2017allowed

Jyotish Kumar @ Jyotish Sharma v. The State Of Bihar

2017-09-13Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.34706 of 2017 (3) dt.13-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34706 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -TEKARI District- GAYA ======================================================

1. Jyotish Kumar @ Jyotish Sharma son of Late Ravindra Sharma resident of village - Pura, Police Station - Tekari and District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Tekari Police Station Case No. 151 of 2017, disclosing offences under Sections 147, 148, 149, 323, 307, 353, 504, 506 and 409 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, for the same set of facts, altogether three F.I.Rs. have lodged against 15-16 unknown persons. The petitioner happens to be government employee posted as Data Operator, Gaya and he has

Patna High Court Cr.Misc. No.34706 of 2017 (3) dt.13-09-2017 no concern with the alleged occurrence. Moreover, co-accused, Pink Raj @ Pink Raj Chandrawarti @ Pink Raj Chakrawarti, has already been granted bail by this Court in Cr. Misc. No.31018 of 2017. 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 Additional Chief Judicial Magistrate- VI, Gaya, in connection with Tekari Police Station Case No. 151 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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