Bittu Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.6433 of 2017 (2) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6433 of 2017 Arising Out of PS.Case No. -327 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Bittu Kumar son of Kishori Mahto

2. Praveen Pandit son of Ram Pandit Both are resident of village- Mir Bigha, P.S.- Warsaliganj, DistrictNawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-02-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bihar Police Station Case No. 327 of 2016, disclosing offences under Sections 467, 468, 471, 414, 420, 120 (B) of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners have been implicated in this case merely on the ground of confessional statement of co-accuse, namely, Kanhaiya Kumar, who has already been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 51453 of 2016. Since the co-accused, Kanhaiya Kumar, on whose statement, these petitioners have been implicated in this case, has been

Patna High Court Cr.Misc. No.6433 of 2017 (2) dt.20-02-2017 granted bail, nothing remains for these petitioners, which made them liable to be punished for alleged offence, which has not been committed by them, in any manner. Moreover, nothing incriminating has been recovered from the possession of these petitioners. Hence, the petitioners also deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of his arrest or surrender before the Court below within six 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 Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar Police Station Case No. 327 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T