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Patna High CourtCR. MISC./56450/2024bail granted

Vivek Kumar Hathiwal @ Vivek Hathiwal v. The State Of Bihar

2024-09-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56450 of 2024 Arising Out of PS. Case No.-110 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Vivek Kumar Hathiwal @ Vivek Hathiwal S/o Sri Kanhaiya Lal Hathiwal @ Kanhaiya Lal Permanent R/o vill - Raholi, P.S. - Niwai, Distt. - Tonk (Rajasthan), at present Residing at Rg 2 Hostel, D.M.C.H., Benta O.P., P.S. - Laheriasarai, Distt. - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 435, 436, 427, 120B of the IPC in connection with Laheriasarai P.S. Case No.110 of 2022.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent. It is further submitted that similarly situated co-accused Md. Ashfaque Rashid along with six others had moved this Court seeking anticipatory bail by filing Cr. Misc. No.27981 of 2022 and the same was allowed by an order dated 11.07.2022. It is also further that petitioner like co-accused is a hosteler and a medical

Patna High Court CR. MISC. No.56450 of 2024(3) dt.06-09-2024 2/2 student and if he is send to jail, his entire career would be jeopardized.

4. The learned APP opposes the anticipatory bail application.

5. Considering the submissions and also the fact that co-accused have been granted the privilege of anticipatory bail the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bailbonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No.110 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T