Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60549 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== TINKU KUMAR Son of Arjun Koda Resident of Village- Kanimoh, P.S.- Kajra, District- Lakhisarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307, 353 of the Indian Penal Code, Section 27 of the Arms Act and Sections 16,17, 18, 20, 23, 28 of UAP Act. As per FIR, several persons are named in the F.I.R. including the petitioner, as the police raided the place of the Naxalites. There was firing from both sides. It further appears that in the school several articles of the Naxalites were kept. Learned counsel for the petitioner submits that petitioner is innocent, committed no offence and has been falsely implicated in this case due to village politics. He submits that there is no specific allegation against the petitioner. He

Patna High Court CR. MISC. No.60549 of 2019(3) dt.20-11-2019 2/2 further submits that similarly situated co-accused has been granted the privilege of bail by coordinate Bench of this Court in Cr. Misc. No. 64624 of 2019 on 16.10.2019. Earlier, vide order dated 16.10.2019, the criminal antecedent of the petitioner was called for from the learned court below in which it is stated that petitioner has no criminal antecedent.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Lakhisarai in connection with Piri Bazar Police Station Case No. 83 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T