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Patna High CourtCR. MISC./68894/2019bail granted

Atul Kumar @ Atul Mahto @ Atul Kumar Singh v. The State Of Bihar

2019-11-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68894 of 2019 Arising Out of PS. Case No.-265 Year-2015 Thana- ARA NAWADA District- Bhojpur ====================================================== ATUL KUMAR @ ATUL MAHTO @ ATUL KUMAR SINGH S/o Late Manoj Mahto Resident of Village- Bindgawan, P.S.- Barhara, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bikramdeo Singh Mr.Amarendra Kumar For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-11-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 1129C/2018 arising out of Ara Nawada P.S. Case No. 265/2015, disclosing offences under Sections 147, 148, 149, 342, 302 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner and other accused persons is of firing on the brother of informant causing his death.

Submission of learned counsel for the petitioner is that in this case police after investigation submitted final form against the petitioner, however, on protest, learned Magistrate has taken cognizance. It has also been submitted that similarly situated co-accused against whom, there is allegation of firing

Patna High Court CR. MISC. No.68894 of 2019(2) dt.18-11-2019 2/2 on the brother of informant, has been granted the privilege of anticipatory bail vide order dated 11.07.2019 passed in Cr. Misc. No. 14795 of 2019 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from the date of receipt of a copy of this order, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Complaint Case No. 1129C/2018 arising out of Ara Nawada P.S. Case No. 265/2015, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T