Patna High CourtCR. MISC./8749/2019bail granted

Rupesh Kumar @ Jhulan v. The State Of Bihar

2019-02-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8749 of 2019 Arising Out of PS. Case No.-383 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== RUPESH KUMAR @ JHULAN, Son of Sri Awdhesh Sharma R/o villagePali, P.S- Naubatpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-02-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Naubatpur Police Station Case No. 383 of 2017, disclosing offences under Sections 341, 323, 307, 504 and 447/34 of the Indian Penal Code and Section 27 of the Arms Act.

There is allegation against the petitioner of having assaulted the informant with the butt of the pistol. Learned Counsel for the petitioner appears to be correct in his submission that no offence under Section 307 of the Indian Penal Code is made out against him. Considering the above, this application is allowed.

Patna High Court Cr.Misc. No.8749 of 2019(2) dt.14-02-2019 2/2 Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Additional Chief Judicial Magistrate, Danapur, in connection with Naubatpur Police Station Case No. 383 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √