Chotta Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79849 of 2019 Arising Out of PS. Case No.-400 Year-2017 Thana- MASAUDHI District- Patna ====================================================== CHOTTA BHOLA Son of Late Pappu Yadav @ Ajit Kumar R/O Ward No. - 12, Manichak, Masaurhi, Mashaurhi, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Saurabh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Masaurhi PS case no. 400 of 2017 registered for the offences punishable under Sections 341, 323, 147, 148, 149, 307, 427 of Indian Penal Code and 27 of Arms Act. The allegation is regarding the accused persons including the petitioner herein having assaulted the informant and damaged the vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case and the specific allegation of firing and causing gun shot injuries is on the co-accused Golu @ Honey Singh. It is further submitted that similarly situated co-

Patna High Court CR. MISC. No.79849 of 2019(2) dt.05-12-2019 2/2 accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 27.07.2018 passed in Cr. Misc. no. 17083 of 2018. Lastly, it is submitted that the petitioner is an accused in two other cases but he is on bail in the two cases and the said two cases have been lodged after the petitioner was made accused in the present case. Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi in connection with Masaurhi PS case no. 400 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.