Abhishek Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49090 of 2018 Arising Out of PS.Case No. -79 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Abhishek Raj son of Ramakant Choudhary resident of Village : Makdampur Samsa - 1, P.S. Mansurchak, District : Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Begusarai Town P.s.Case nO.79 fo 2018 , registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is not named in the FIR and later on his name transpired on confession of the co-accused.

Submission of the learned counsel for the petitioner is that except confession, there is nothing against the petitioner and two other accused persons have been granted privilege of the anticipatory bail by this Court, vide order dated 13.7.2018 passed in Cr. Misc. No.33577 of 2018 and order dated 28.6.2018 passed in Cr. Misc. No.32749 of 2018.

Patna High Court Cr.Misc. No.49090 of 2018 (2) dt.27-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Begusarai Town P.S.Case nO.79 fo 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T