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Patna High CourtCR. MISC./32653/2018allowed

Suman Kumar v. The State Of Bihar

2018-06-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32653 of 2018 Arising Out of PS.Case No. -177 Year- 2016 Thana -GOGRI District- KHAGARIA ====================================================== Suman Kumar S/o Sanjeev Kumar @ Sanoj Yadav, R/o Vill.- Poura, P.S.- Gogri, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indrajit Kumar, Adv. For the Opposite Party/s : Mr. Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Gogri (Poura) P.S. Case No. 177 of 2016, registered for the offences punishable under Sections 447, 341, 323, 307, 379, 354, 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. There is no specific allegation of assault against the petitioner rather the specific allegation of assault is attributed to one Saroj Yadav, which is evident from the F.I.R. itself. The petitioner happens to be nephew of the informant and the allegation of theft is ornamental. Moreover, co-accused, Salita

Patna High Court Cr.Misc. No.32653 of 2018 (2) dt.06-06-2018 2/2 Devi, has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 5385 of 2018. 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 a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri (Poura) P.S. Case No. 177 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T