Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8702 of 2018 Arising Out of PS.Case No. -146 Year- 2017 Thana -SIRDALA District- NAWADA ====================================================== Deepak Kumar, son of Sakaldeo Prasad Yadav @ Sakaldeo Yadav, resident of Kathautia Kewal, P.S. Fatehpur, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-02-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Sirdala PS case no. 146 of 2017 registered for the offences punishable under Sections 302, 120(B), 506, 34 of the Indian Penal Code and 27 of the Arms ACt.

The allegation is regarding the petitioner and other accused persons being present at the alleged place of occurrence where co-accused Birendra Yadav is said to have inflicted gun shot injury on the deceased.

The learned counsel for the petitioner submits that the petitioner is a young boy studying in a college and he has been alleged to be merely present at the place of occurrence, however,

Patna High Court Cr.Misc. No.8702 of 2018 (3) dt.23-02-2018 2/2 there is no allegation of any overt act on his part. The learned counsel submits that some of the co-accused persons have been granted regular bail by order dated 17.2.2018 passed in Cr. Misc. No. 62172 of 2017 and Cr. Misc. No. 1749 of 2018. It is further submitted that the petitioner is having a clean antecedent. Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. V, Nawada in connection with Sirdala PS case no. 146 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T