Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11454 of 2017 Arising Out of PS.Case No. -612 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Avinash Kumar son of Birendra Kumar @ Shivji Rai Resident of Village - Lodipur, P.S. - Town, District - Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Ranjan For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-04-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Hajipur Town P.S. Case No. 612 of 2016 for the offences punishable under sections 448, 147, 148, 149, 341, 323, 352, 307, 504, 506 and 302 of the I.P.C. The allegation against the petitioner is that the petitioner was armed with sword but there is no allegation against him that he gave sword blow to any one. The allegation of assault is against other co-accused causing injury to the father and brother of the informant.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.11454 of 2017 (3) dt.21-04-2017 2/2 petitioner was not present at the time of the occurrence, in the FIR no specific role has been assigned against him, no injury has been caused by the petitioner to any one and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that against the petitioner there is no allegation for causing any injury to any one. In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. C.J.M. Vaishali in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T