Binay Lal Harijan @ Binod Kumar Harijan @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8505 of 2020 Arising Out of PS. Case No.-192 Year-2018 Thana- KOCHADHAMAN District- Kishanganj ====================================================== BINAY LAL HARIJAN @ BINOD KUMAR HARIJAN @ BINOD KUMAR Son of Bhola Lal Harijan Resident of Tegharia, Police Station-Kochadhaman, District-Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends his arrest in connection with Kochadhaman P.S. Case no. 192 of 2018 instituted for the offence under Section(s) 341,342,323,308,447,147,427,379 and 504 of the Indian Penal Code.

The prosecution alleges that the petitioner along with others have abused and assaulted the informant's son. The informant has also subsequently been assaulted when he made efforts to rescue his son.

The petitioner's counsel submits that there is general and omnibus allegation against all the accused persons. The other co-accused, namely, Ganesh Lal Harijan @ Ganesh Lal and

Patna High Court CR. MISC. No.8505 of 2020(2) dt.02-03-2020 2/3 Shivani Devi @ Shivano Devi, having similar allegations, have been allowed the privilege of anticipatory bail in Cr. Misc. No. 26267 of 2019. The claim is for parity.

The learned APP for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the JM 1st Class, Kishanganj, in connection with Kochadhaman P.S. Case no. 192 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail

Patna High Court CR. MISC. No.8505 of 2020(2) dt.02-03-2020 3/3 bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T