Guddu Kumar Mathur @ Guddu Mathur @ Rakesh Kumar Mathur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49961 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -TANKUPPA District- GAYA ======================================================

1. GUDDU KUMAR MATHUR @ GUDDU MATHUR @ RAKESH KUMAR MATHUR S/o Sundar Mathur, R/o Vill.- Chovar, P.S.- Tankuppa, Distt.- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mira Kumari For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Tankuppa P.S. Case No. 29/2018, instituted for the offences punishable under Sections 147, 148, 149, 302 and 307 of the Indian Penal Code. Learned counsel for the petitioner has submitted that in the written report there is specific allegation of assaulting father of informant against co-accused Pintu Kumar and assaulting his Bhagina with sword against co-accused Pankaj Kumar. Father of the informant subsequently died in the way to hospital. The petitioner is only alleged to have stood there armed with Garasa. Other accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 40514/2018

Patna High Court Cr.Misc. No.49961 of 2018 (2) dt.14-08-2018 2/2 dated 12.07.2018.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Tankuppa P.S. Case No. 29/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Gaya, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J.) Rakhi U T