Bikky @ Sahil Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.35502 of 2014 (2) dt.20-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35502 of 2014 Arising Out of PS.Case No. -37 Year- 2014 Thana -RAIL District- LAKHISARAI ====================================================== Bikky @ Sahil Kumar Son of Sanjay Kumar Pandey Resident of villageNaya Bazar, Near Sabji Mandi, Lakhisarai, P.S. and District- Lakhisarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 20-02-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner prays for anticipatory bail in a police case registered under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.
Learned counsel for the petitioner submits that the complaint case, on the basis of which the F.I.R. was subsequently lodged, itself has been filed after a gap of 28 days which has not been satisfactorily explained.
It is further submitted that no specific allegation of firing has been made against the petitioner which has resulted in the injury to the complainant.
It is also submitted that similarly situated co-accused, Sonu Pandey, has been granted anticipatory bail by order dated
Patna High Court Cr.Misc. No.35502 of 2014 (2) dt.20-02-2015 17.12.2014 of this Court passed in Cr. Misc. No.44751/2014. On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Bikky @ Sahil Kumar, in the event of his arrest or surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Railway, Kiul, District- Lakhisarai in Kiul Rail P.S. Case No.37/2014 subject to the conditions as laid down in Section 438 (2) of the Cr.P.C. (Ramesh Kumar Datta, J) V.P.Sinha/- U