Sunil Kumar @ Santosh Kumar @ Mamu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56238 of 2018 Arising Out of PS.Case No. -262 Year- 2016 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Sunil Kumar @ Santosh Kumar @ Mamu son of Late Kalish Mahto resident of Village - Sawani (Shewani), P.S. - Bakhtiyarpur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shambhu Narayan Singh, Advocate. Mr. Kundan Rathore, Adv.

For the State : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 504, 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that accused persons started indiscriminate firing, as a result of which, the informant received bullet injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The injury is said to be on the non-vital part of the body. The other

Patna High Court Cr.Misc. No.56238 of 2018 (3) dt.20-11-2018 similarly situated co-accused namely, Gunjal Choudhary has been granted anticipatory bail by a coordinate bench of this Court vide order dated 01-08-2018 passed in Cr. Misc. No. 37334 of 2018. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh in connection with Bakhtiyarpur P.S. Case No. 262 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T