Kumar Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73406 of 2019 Arising Out of PS. Case No.-102 Year-2019 Thana- LODIPUR District- Bhagalpur ====================================================== Kumar Gaurav, Son of Late Manish Yadav, Resident of Village - Lakshman Bag, P.S.- Madhusudanpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-12-2019 This is an application for grant of anticipatory bail in connection with Lodipur P. S. Case No. 102 of 2019 disclosing offences under Sections 302, 201 and 120B of IPC. As per F.I.R. there is allegation against the petitioner and other accused persons that they have taken away the son of the informant and later on, he was murdered. Further, there is allegation that earlier a sale deed was executed that by the mother of the petitioner to one Pardeshi Yadav, as such the petitioner and other accused persons has killed the deceased. Submission of the learned counsel for the petitioner is that except suspicion there is nothing against the petitioner. The other similarly situated accused person has been granted privilege of anticipatory bail, vide order dated 26.11.2019 passed in Criminal Misc. No. 71062 of 2019.

Patna High Court CR. MISC. No.73406 of 2019(3) dt.10-12-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, surrender before the court below within a period of three weeks from the date of receipt of certified copy of this order, on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Lodipur P. S. Case No. 102 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that after release he has to appear before the police and co-operate in the investigation.

It is also made clear, if any, serious incriminating materials apart from that last scene, is found against the petitioner, the prosecution is at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T