Ayush Kumar @ Sunny v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2774 of 2020 Arising Out of PS. Case No.-182 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Ayush Kumar @ Sunny Son of Amrendra Singh @ Amrendra Kumar Singh Resident of Village - Itahat, P.S.- Barun, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan Ms. Mukul Kumari For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

27-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Aurangabad Town P.S. Case No. 182 of 2019 (G.R. No. 1077 of 2019) registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

The F.I.R. has been lodged against four persons, including petitioner, and one unknown on an allegation of assaulting nephew of informant by iron rod and knife, as a result of which, the nephew of informant sustained injury. It is submitted on behalf of petitioner that there is general & omnibus allegation and injury found on the person of nephew of informant is simple in nature. There is delay of four days in lodging present F.I.R. It is further submitted that petitioner and informant's nephew are classmates and some scuffle took place between them. Moreover, it is submitted that

Patna High Court CR. MISC. No.2774 of 2020(2) dt.27-02-2020 2/2 both parties have compromised and to this effect, a compromise petition has already been filed in the court below, vide Annexure -2 to the petition. Petitioner has got no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 182 of 2019 on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T