Sunil Kumar @ Sipahi Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10085 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -GURARU District- GAYA ====================================================== Sunil Kumar @ Sipahi Jee Son of Ram Nath Sao, Resident of villageGuraru Chauk, P.S.- Guraru District-Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Satyaveer, Adv. For the Opposite Party/s : Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-03-2016 learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Guraru P.S. Case No. 78 of 2015 registered for offences under Sections 147, 148, 149, 341, 342, 323, 324, 353, 333, 337, 427, 307, 188, 504, 506, 109 and 115 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner and several others, named in the First Information Report, obstructed the police party from taking away the dead-body of the deceased for postmortem and they indulged in brick-batting and stone pelting. They are said to have damaged the public property.

Learned counsel for the petitioner submits that similarly situated co-accused persons have been granted the privilege of

Patna High Court Cr.Misc. No.10085 of 2016 (2) dt.10-03-2016 2/2 anticipatory bail by this Court vide order dated 07.01.2016 passed in Cr. Misc. No.412 of 2016, order dated 14.01.2016 passed in Cr. Misc. No.57384 of 2015, order dated 24.02.2016 passed in Cr. Misc. No. 6077 of 2016 and order dated 23.02.2016 passed in Cr. Misc. No. 8614 of 2016.

Considering the facts and circumstances of the case and the submission that other similarly situated co-accused persons have been granted the privilege of anticipatory bail, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. Rohit Kumar, Judicial Magistrate 1st class, Gaya, in connection with Guraru P.S. Case No.78 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled. (Shivaji Pandey, J) Mahesh/- U T