Raghunath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66613 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== Raghunath Kumar, Son of Sri Chhote Lal Das, Resident of Village- Hanuman Nagar (Tola of Pakri), P.O.- Sankhi, P.S. Riga, District- Sitamarhi. In F.I.R. written as Village- Usarahiya, P.S.- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyama Kant Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-02-2019 The petitioner prays for modification in the order dated 17.12.2018 on the ground that two of the sections; one being of Indian Penal Code and the other of the Arms Act, were inadvertently left to be mentioned in the 1 st paragraph of the bail petition.

From the perusal of the order dated 17.12.2018, it appears that this Court has taken note of the fact that there is an allegation of firing, but not by the petitioner.

Patna High Court Cr.Misc. No.66613 of 2018(3) dt.11-02-2019 2/3 There does not appear to be any intention on the part of the petitioner to hide any fact from the Court. The petitioner has been, by order dated 17.12.2018, granted anticipatory bail on the ground that he is a student and that the act of firing is attributed to another person and not him.

In that view of the matter, the second paragraph of the order dated 17.12.2018 be modified as follows:- "The petitioner seeks bail in anticipation of his arrest in connection with Riga P.S. Case No. 154 of 2018, dated 23.05.2018, instituted for the offences under Sections 341, 385, 387 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act."

Hence forth, only the corrected copy of the order shall be uploaded.

The petitioner, above named, would be released on bail in the event of his arrest or surrender before the learned Court below within a period of four weeks from today on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to

Patna High Court Cr.Misc. No.66613 of 2018(3) dt.11-02-2019 3/3 the satisfaction of learned Sri Rakesh Kumar, Judicial Magistrate-Ist Class, Sitamarhi in connection with Riga P.S. Case No. 154 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The order dated 17.12.2018 stands modified accordingly.

(Ashutosh Kumar, J) Praveen-II/- U T