Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52181 of 2019 Arising Out of PS. Case No.-207 Year-2018 Thana- HULASGANJ District- Jehanabad ====================================================== DEEPAK KUMAR S/o Mahendra Yadav R/o village- Chareu Bigha, P.S.- Hulasganj, Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Hulasganj Police Station Case No. 207 of 2018, disclosing offences under Sections 147/148/149/323/341/307/ 379/504 of the Indian Penal Code.

The allegation against the petitioner, as per the First Information Report, is that the petitioner, along with other accused persons assaulted the informant with lathi, danda, iron rod and fasuli. It has further been alleged that the petitioner snatched golden locket of Hanumanji from the neck of the informant and ear-rings from one Sunita Devi. Learned Counsel for the petitioner submits that there is no specific allegation of assault against the petitioner and the

Patna High Court CR. MISC. No.52181 of 2019(2) dt.21-08-2019 2/3 only allegation against him is that he snatched a locket from the neck of the informant nd ear-ring from one Sunita Devi. He further submits that the allegation of assault is on co-accused Shrikant Yadav, who has been granted anticipatory bail by this Court by order, dated, 13.05.2019, passed in Criminal Misc. No. 31587 of 2019. He further submits that some other co-accused persons have also been granted bail by this Court by order, dated 05.04.2019, passed in Criminal Misc. No. 18555 of 2019.

After having heard learned Counsel for the parties and taking into consideration the fact that there is no specific allegation of assault against the petitioner and further similarly situated co-accused persons have been granted bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed. Let the petitioner, Deepak Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jehanabad, in connection with Hulasganj Police Station Case No. 207 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.52181 of 2019(2) dt.21-08-2019 3/3 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 bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √