Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26910 of 2018 Arising Out of PS.Case No. -8 Year- 2016 Thana -SAMHO District- BEGUSARAI ====================================================== Bittu Kumar, Son of Surendra Singh @ Sulo Singh, Resident of VillageBijuliya, P.S. Shamho, District- Begusarai. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate. For the informant : Mr. Navin Sharma, Advocate. For the Opposite Party/s : Mr. Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner apprehends his arrest in Samho P.S. Case No. 08 of 2016 instituted for the offence under Sections 147, 148, 149, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner has submitted that petitioner has not been sent up for trial by the police after investigation but cognizance has been taken against this petitioner also along with other accused persons. It has further been submitted that there is specific allegation against co-accused Sanjay Singh @ Chehto Singh of causing firearm injury to Deepak Kumar, due to which he fell down. The other co-accused namely, Deepak Kumar with similar allegation has been granted anticipatory bail by a coordinate Bench of this Court
Patna High Court Cr.Misc. No.26910 of 2018 (3) dt.19-06-2018 2/2 vide order dated 08.05.2018 passed in Cr. Misc. 27365 of 2018. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Samho P.S. Case No. 8 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T