Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7366 of 2020 Arising Out of PS. Case No.-981 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== GUDDU KUMAR Son of Rajaram Singh Resident of Village- Muther, P.S.- Karauna, District- Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Jehanabad (Karauna) P.S. Case No. 981 of 2019 registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner and the informant are agnates and are next door neighbours. There is no allegation of repetition of lathi blow and in the heat of passion the occurrence took place. The petitioner is a student and the injury has been found to be simple in nature.

Learned APP has opposed the prayer of anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.7366 of 2020(2) dt.28-02-2020 2/3 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that both the petitioner and the informant are close agnates, they are next door neighbours and the alleged occurrence might have taken in the heat of passion and there is no repetition of lathi blow, the injury is simple in nature and the petitioner is said to be a student, let the petitioner above named in case of his arrest or surrender within a period of four weeks from today in connection with Jehanabad (Karauna) P.S. Case No. 981 of 2019 be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

Patna High Court CR. MISC. No.7366 of 2020(2) dt.28-02-2020 3/3 (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T