Anand Kumar Parshuramka @ Anand Parsuramka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13260 of 2017 Arising Out of PS.Case No. -128 Year- 2015 Thana -ISHOPUR District- BHAGALPUR ====================================================== Anand Kumar Parshuramka @ Anand Parsuramka S/o Atmaram Parshuramka, R/o Village-Barahat, P.S.-Ishipur Barahat, DistrictBhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-03-2017 Heard both sides.

The petitioner apprehends his arrest in connection with Ishipur Barahat P.S. Case No. 128 of 2015 registered for the offence punishable under Sections 341, 323, 324, 353, 504, 506, 342/34 of the Indian Penal Code.

The informant happens to be a SAP constable who along with other officials in course of law and order duty on the occasion of Muharrum intercepted one vehicle on the wrong side/direction. The driver of the said vehicle was in a drunken condition. When the informant asked the driver to shift his car, he and his 8-10 associates thrashed him and threatened with dire consequences.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The informant disclosed the name of this petitioner and few others. The petitioner has falsely

Patna High Court Cr.Misc. No.13260 of 2017 (2) dt.29-03-2017 2/2 been implicated in the present case. The driver of the said vehicle Dimple Verma, who is named in the F.I.R. has been allowed anticipatory bail by a co-ordinate Bench of this Court vide order dated 16.05.2016 passed in Cr. Misc. No. 15780 of 2016. Other co-accused persons of this case have already been allowed anticipatory bail by a co-ordinate Bench of this Court vide order dated 22.10.2016 passed in Cr. Misc. No. 44436 of 2016. The case of this petitioner is identical and so he also deserves anticipatory bail.

Learned APP, on the other hand, opposed the prayer. Considering the nature of allegation as also the fact that similarly situated co-accused persons are enjoying the privilege of bail, the prayer of anticipatory bail of this petitioner is allowed. The petitioner, above named, in the event of arrest/surrender before the learned court below within a period of four weeks from today, be admitted on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIII, Bhagalpur in connection with Ishipur Barahat P.S. Case No. 128 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar, J) rohit/- U T