Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48289 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== ARUN KUMAR Son of Banka Sah Resident of Village - Naya Tola Rajokhar, P.S.- Gopalganj, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mishra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,148,149,379,307,447 and 504 of the IPC. The prosecution case as per the written report of Pintu Prasad Singh submitted to the SHO, Jadopur Police Station is to the effect that 21.3.2019 at about 10.00 P.M. the informant was sitting at his door when the accused persons including the petitioner came and made protest for lodging complaint against the liquor sellers and thereafter co-accused Guddu Kumar and Munna Kumar fired but it did not hit the informant. Thereafter other co-accused persons assaulted the informant with fists and slaps. It is also alleged that co-accused Jitendra Sah snatched the

Patna High Court CR. MISC. No.48289 of 2019(2) dt.02-08-2019 2/3 gold chain worth Rupees Thirty Thousand and co-accused Rahul Kumar took out Rupees Twenty Thousand from the pocket of the informant.

It is submitted by learned counsel for the petitioner that the accusation is not specific against the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR. However, he does not deny the fact that specific accusation has been levelled against co-accused Guddu Kumar and Munna Kumar who have been granted anticipatory bail by a Bench of this Court vide order dated 29.5.2019 passed in Cr. Misc. No. 34216 of 2019.

Considering the accusation being not specific against the petitioner coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM Ist Class, Gopalganj in connection with Jadopur P.S. Case No.25 of 2019 subject to the conditions laid down in

Patna High Court CR. MISC. No.48289 of 2019(2) dt.02-08-2019 3/3 Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U