Bansal @ Bansal Ray @ Banslal Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14603 of 2024 Arising Out of PS. Case No.-242 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Bansal @ Bansal Ray @ Banslal Ray son of Late Chanar Ray @ Bihari Ray Village- Amma Narvirpur Ps- Chandi Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-03-2024 Heard Mr.Prabhat Kumar Singh,learned counsel for the petitioner and Mrs.Rina Sinha, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Chandi P.S.Case No.242 of 2023,FIR dated 27.09.2023 registered for the offences punishable under Sections 147,149,323,325,307,504 of IPC.
3. Allegation against the petitioner is that he assaulted to the father-in-law of the informant causing injury on his head.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and due to petty dispute the present occurrence had taken place and as per allegation in the FIR that
Patna High Court CR. MISC. No.14603 of 2024(2) dt.12-03-2024 2/3 the petitioner has assaulted to the father-in-law of the informant but the injury report of the father-in-law of the informant suggests that although he has received injury but the opinion was reserved till the x-ray report has come but the Medical Officer has certified on 04.12.2023 that x-ray examination was not conducted by the police and the injury report is dated 22.09.2023.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Chandi P.S.Case No.242 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.14603 of 2024(2) dt.12-03-2024 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) 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.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T