Ajay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1235 of 2017 Arising Out of PS.Case No. -101 Year- 2015 Thana -BARHARIA District- SIWAN ====================================================== Ajay Prasad, Son of Bishun Dayal Prasad, Resident of Village- Girdharpur, P.S.- Barharia, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate. For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged that one Anil Kumar Kushwaha took the son of the informant on motorcycle and, thereafter, the informant received information that his son was shot dead on the road. The carbon copy of the case diary has been received. The learned A.P.P. after looking into the case diary submitted that none of the witnesses has leveled specific allegation of overt overt act against the petitioner.
The Sessions Judge has mentioned in the impugned order that name of the petitioner has come in paragraph-8 of the
Patna High Court Cr.Misc. No.1235 of 2017 (4) dt.17-02-2017 2/2 supplementary case diary on the basis of confessional statement of one of the co-accused Pradip Kumar Azad @ Azad Pathak. Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Barharia P.S. Case No. 101 of 2015, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T