Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.494 of 2020 Arising Out of PS. Case No.-634 Year-2019 Thana- SUPAUL District- Supaul ====================================================== SAURAV KUMAR Son of Ravindra Kumar Resident of Village - Haripur Ward No. 14, Saharsa, P.O.- and P.S.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nikesh Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 325, 379, 504, 506 and 34 of the Indian Penal Code.

Allegedly, the informant was given threatening on mobile by one O.P. Rai. It is further alleged that the accused on the pretext of taking tea, took the informant on a tea stall where 12 persons were already present from before. The accused persons assaulted the informant as a result of which, his leg became

Patna High Court CR. MISC. No.494 of 2020(3) dt.16-06-2020 2/3 fractured.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Both parties are of same village. Due to petty reason, the present occurrence is said to have taken place. The nature of injury is said to be simple.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 634 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.494 of 2020(3) dt.16-06-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T