Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10331 of 2019 Arising Out of PS. Case No.-477 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Raja Kumar, aged about 24 years, (Male) Son of Ashok Prasad Resident of Village - Baniyapatti Dhanki, PS- Town Motihari, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 447, 341, 324, 307, 337, 338, 354(B), 385, 379/34 of the Indian Penal Code. Petitioner-Raja Kumar was allowed bail by this Court in connection with Motihari Town P.S.Case No.477 of 2017 registered under Sections 447, 341, 324, 307, 337, 338, 354(B), 385, 379/34 I.P.C. The bail was granted considering the the fact that the petitioner was in custody since 04.11.2017. Though allegation was of commission of injury at the head of the informant, however, the Doctor has found simple injury and there was no allegation of repetition of blow. In the

Patna High Court CR. MISC. No.10331 of 2019(2) dt.17-04-2019 2/2 circumstance bail was granted on 01.02.2018 in Cr.Misc.No.5339 of 2018. Thereafter, on the prayer of Ranjana Gupta, the informant of the case, the aforesaid bail was cancelled on 31.10.2018 in Cr.Misc. No.20105 of 20108 due to suppression of criminal antecedent by the petitioner in the bail petition. Thereafter, he is in custody since 02.12.2018. Learned counsel for the informant opposed the prayer for bail.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Town Police Station Case No.477 of 2017, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T