Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34485 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -MEHANDIA District- JEHANABAD ====================================================== Guddu Kumar S/o Sudan Saw Resident of village- Usari Nima, P.S.- Mehandia, District- Arbal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-09-2016 Heard Sri Vijay Kumar Singh, learned counsel for the petitioner and learned A.P.P.

The sole petitioner apprehending his arrest in Mehandia P.S. Case No. 25 of 2016 registered for the offence under section 341/ 323/ 307/ 504/ 34 of the Indian Penal Code has prayed for grant of bail in the event of his arrest . It was submitted by learned counsel for the petitioner that there was case and counter case in between the parties. He submits that petitioner in the said occurrence had also received serious injuries. He further submits that in the present case except petitioner all other accused have been extended the privilege of anticipatory bail vide order dated 20.8.2016 passed in Cr. Misc. No. 29155 of 2016. He further submits that of course in

Patna High Court Cr.Misc. No.34485 of 2016 (2) dt.01-09-2016 2/2 this case Section 307 of the Indian Penal Code has been added which is only non- bailable section. The injury report does not corroborate the allegation relating to offence under section 307 of Indian Penal Code, otherwise all other sections are bailable in nature.

Keeping in view the fact that there is case and counter case in between the parties and most of the accused in the present case have been granted privilege of anticipatory bail there is no reason to deny the prayer for grant of anticipatory bal to the petitioner. Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner Guddu Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal / concerned court in connection with Mehandia P.S. Case No. 25 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) Praful/- U T