Kallu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86444 of 2019 Arising Out of PS. Case No.-526 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Kallu Kumar Son of Ashok Prasad Resident of Village - Mahamadpur, P.S.- Naubatpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Pandit For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 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 Naubatpur PS case no. 526 of 2019 registered for the offences punishable under Sections 302, 353 and other sections of Indian Penal Code.

The allegation is regarding 150-200 persons including the petitioner herein, variously armed, having formed an unlawful assembly, whereafter they had assaulted the deceased who is stated to be a child thief resulting in the death of the said deceased person.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that a general and omnibus allegation has been

Patna High Court CR. MISC. No.86444 of 2019(2) dt.23-01-2020 2/2 levelled against the petitioner and similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 22.10.2019 passed in Cr. Misc. no. 64196 of 2019.

Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner as also taking into account the parity of the case of the petitioner with those of co-accused person who has already been granted anticipatory bail, 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 A.C.J.M.-II, Danapur in connection with Naubatpur PS case no. 526 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T