IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19314 of 2010
BIRENDRA BHAGAT
Versus
STATE OF BIHAR
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03. 02.07.2010 Petitioner is languishing in jail in connection
with a case registered under Sections 376, 341, 323,
354/34 I.P.C.
It is submitted that the allegation of offence
under Section 376 I.P.C. is specific against Guddu
Mishra. However similarly situated accused Aditya
Kumar @ Bablu Kumar @ Bablu Sharma has been
granted Anticipatory bail vide Cr. Misc. No. 408 of 2010
on 08.03.2010. A copy of this order has been produced
by the learned counsel for the petitioner. Let it be kept
on record.
Learned counsel for the State has submitted
that Dy.S.P. recommended for submission of the charge
sheet under Section 354/34 I.P.C. but the S.P.
recommended for submission of the charge sheet also
under Section 376 I.P.C. However learned counsel for
the State has not controverted the fact that there is no
allegation against the petitioner under Section 376
I.P.C.
Considering the fact that the similarly
situated accused person has been granted Anticipatory
2
bail, let the petitioner namely Birendra Bhagat, be
released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount
each to the satisfaction of Railway Judicial Magistrate,
Betia in connection with Sugauli Motihari G.R. P.S.
Case No. 44 of 2009.
It is made clear that the Trial Court will be at
liberty to cancel the bail bond of the petitioner, if he
fails to appear on three consecutive dates.
Shageer ( Dinesh Kumar Singh, J.)