Patna High CourtCR. MISC./40529/2015bail granted

Arun Prakash v. The State Of Bihar

2015-09-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40529 of 2015 Arising Out of PS.Case No. -528 Year- 2013 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Arun Prakash .... .... Petitioner

Versus

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

For the Petitioner/s : Ms. Smt. Anuradha Singh, Adv. For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2015 Heard both sides.

The petitioner seeks bail in Hajipur Town P.S. Case no. 528/2013, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The petitioner and other accused persons are alleged to have fired on the informant and asked him to withdraw the case of murder of Atul and threatened the informant of dire consequences. It is submitted that the petitioner is not alleged to have fired. The firing was made by Pawan Raj which did not hit on him. Pawan Raj has already been enlarged on bail.

On the other hand learned counsel for the informant as well as learned Additional P.P. opposed the prayer for bail and submitted that the petitioner has prayed for anticipatory bail but the same was rejected with a direction to surrender within two

Patna High Court Cr.Misc. No.40529 of 2015 (2) dt.02-09-2015 2/2 weeks in the court below but the petitioner did not surrender and appeared in court after eight months of the order passed by the court.

Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that Pawan Raj who fired has already been enlarged on bail, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 528/2013.

(Prabhat Kumar Jha, J.) Rakhi/- U T