Gautam @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76169 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- CHARPOKHARI District- Bhojpur ====================================================== Gautam @ Gautam Kumar Son of Munilal Singh, resident of VillageChawaria (Chauria), P.S.- Narayanpur, District- Bhojpur at Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Charpokhari P.S. Case No. 100 of 2018 registered for the offences punishable under Sections 341, 323, 324, 307, 504, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and there is no allegation of firing against him. Firing has been alleged against co-accused

Patna High Court Cr.Misc. No.76169 of 2018(2) dt.21-12-2018 2/3 Anand Singh. It is further submitted that there is a counter case also. The petitioner has also lodged one F.I.R. as he was injured by other side.

Learned APP for the State is present and has opposed the prayer for bail.

In the facts and circumstances stated above where it is the submission of the learned counsel for the petitioner that the petitioner is not named in the FIR and there is no specific allegation of firing against him as the specific allegation is against co-accused Anand Singh and it is a case where the petitioner had also suffered injuries for which he has lodged one FIR, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned Additional Chief Judicial Magistrate-Xth, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 100 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of three weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for

Patna High Court Cr.Misc. No.76169 of 2018(2) dt.21-12-2018 3/3 cancellation of his bail bond. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T