Patna High CourtCR. MISC./47515/2015bail granted

Rahul Kumar v. The State Of Bihar

2015-11-02Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47515 of 2015 Arising Out of PS.Case No. -62 Year- 2015 Thana -NIMCHAKBATHANI District- GAYA =====================================

1. Rahul Kumar, Son of Sunil Kumar, resident of villageMakhdumpur, P.O.- Naili, P.S.- Khijarsarai, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Singh, Adv. For the Opposite Party/s : Mr. B.M.P. Sinha (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of regular bail arises out of Nimachak Bathani P.S. Case No.62 of 2015, disclosing offences under Sections 341, 323, 307, 147, 148, 143 and 504 of the Indian Penal Code.

Learned counsel, appearing on behalf of the petitioner, submits that the main allegation of assault by iron rod, is on the co-accused, namely, Chandan Kumar. So far as this petitioner is concerned, the allegation

Patna High Court Cr.Misc. No.47515 of 2015 (2) dt.02-11-2015 2/2 against him is that he assaulted the injured with Lathi. Learned counsel for the petitioner has drawn my attention to an order of this Court, dated 18.09.2015, passed in Cr. Misc. No.42728 of 2015, in order to contend that similarly situated co-accused, namely, Satyendra Sharma, has been granted regular bail.

In view of the submission as above, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gaya, in connection with Nimachak Bathani P.S. Case No.62 of 2015.

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.) Praveen-II/- U T