Akbar @ Akbar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21645 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -KISHANGANJ District- KISANGANJ ====================================================== Akbar @ Akbar Ali, S/o Himayu @ Humayun, resident of Darjibasti, Halim Chowk, P.S. & District- Kishanganj .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamal Kishore Jha,Advocate For the Opposite Party/s : Mr. Ambika Bhagat (Spl.APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner and the learned Special Additional Public Prosecutor appearing for the S.C./S.T. Act.

The petitioner is apprehending his arrest in connection with Kishanganj P.S. Case No.42 of 2015 for allegedly having committed the offence under Sections 341, 323, 324, 325, 307, 379, 149 of the Indian Penal Code and Section 3(1)(X) of the S.C. & S.T. Act.

It is submitted on behalf of the petitioner that in view of the fact that it is not in the case diary that the petitioner had, in fact, participated in the occurrence and it was doubtful whether he was present there on account of the fact that he had been writing an examination on the said date at Araria, the

Patna High Court Cr.Misc. No.21645 of 2015 (4) dt.13-10-2015 2/2 petitioner is entitled to the privilege of anticipatory bail. Learned counsel for the petitioner further submits that the petitioner is a student with clean antecedent. Considering the aforementioned facts and circumstances and the materials available in the case diary, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the learned Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No.42 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T