Gulab Kumar @ Anitesh Kumar @ Amitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37079 of 2018 Arising Out of PS. Case No.-434 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== Gulab Kumar @ Anitesh Kumar @ Amitesh Kumar S/o Late Lulan Sharma @ Lalan Sharma Resident of Village - Chesi, P.S. Naubatpur, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandrasen Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 434 of 2017 registered for offence under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, Jataha and Rangdar fired upon Shankar Kumar, the son of the informant causing injury to him. The petitioner is not named in the FIR but during investigation, it transpired that the petitioner has supplied the cartridge to the coaccused, who fired upon the son of the informant. Submission is of false implication and that against the petitioner no offence as alleged is made out, without any fault he is suffering in custody since 05.03.2018 whereas

Patna High Court Cr.Misc. No.37079 of 2018(2) dt.29-06-2018 2/2Pendin Rangdar @ Rangbaj @ Amrendra Singh @ Amrendra Kuamr against whom there is allegation of firing has already been allowed bail vide Cri. Misc. No. 29630 of 2018 by another coordinate bench by this Court and, as such, the petitioner also deserves sympathetic consideration.

Learned A.P.P. fairly submits that petitioner has got no criminal antecedent.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the Additional Chief Judicial Magistrate (ACJM) II, Danapur, Patna in connection Naubatpur P.S. Case No. 434 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T