Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52047 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- SOHSARAI District- Nalanda ====================================================== VINAY KUMAR Son of Surendra Yadav Resident of Village-Jalalpur, P.S.- Sohsarai, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranvijay Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sohsarai P.S. Case No. 100 of 2019, disclosing offences under Sections 147, 148, 149, 341, 323, 365 and 511 of the Indian Penal Code, including Section 27 of the Arms Act. There is allegation in the FIR against the persons named therein, including the petitioner, of having made an attempt to kidnap the informant's son. Allegedly, they were armed with fire-arm and had opened fire also, but no one received any fire-arm injury.

Learned counsel, appearing on behalf of the petitioner, has submitted that he does not have any criminal antecedent, rather the informant himself has criminal history,

Patna High Court CR. MISC. No.52047 of 2019(2) dt.21-08-2019 2/2 who is accused in at least three cases, details of which have been given in paragraph 6 of the application. He submits that if allowed the privilege of anticipatory bail, there is no chance that the petitioner will flee from investigation or trial. Considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharshari in connection with Sohsarai P.S. Case No. 100 of 2019, subject to the condition as 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T