Akash Kumar @ Hareswar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1717 of 2020 Arising Out of PS. Case No.-464 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== AKASH KUMAR @ HARESWAR BHAGAT S/O Kameshwar Bhagat Resident of Village - Sariswa Bazar, P.S.- Majhaulia, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2020 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 petitioners and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307, 385, 379, 506/34 of the Indian Penal Code.
Allegedly, in course of returning his house from petrol pump, the informant was intercepted by accused persons and ransom was demanded from him. On protest, the accused persons, putting Gamchha along with his neck, pulled him due
Patna High Court CR. MISC. No.1717 of 2020(3) dt.19-06-2020 2/3 to which, he fell down. It is also alleged that one of the accused assaulted him and Rs. 1,95,000/- was snatched away by coaccused. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. From perusal of Injury report (Annexure-2) it appears that the nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. 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, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 464 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
Patna High Court CR. MISC. No.1717 of 2020(3) dt.19-06-2020 3/3 two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T