Jayram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8427 of 2020 Arising Out of PS. Case No.-262 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== JAYRAM KUMAR S/o Pujan Yadav R/o Village- Hathiawan, P.S.- Khijarsarai, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha Mr. Samse Alam For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending his arrest in Khijarsarai P.S. Case no. 262/2019 registered under section 379/34 of the IPC and 25(I-b)a, 26 of the Arms Act.

It is submitted that even as per prosecution case four live cartridges alleged to have been recovered from the possession of the petitioner have been handed over to the police, by the informant (private person).

Counsel for the petitioner submits that in fact, petitioner is the victim. He was subjected to assault by the informant for which he too has lodged Khijarsarai P.S. Case no. 263/2019. He has no criminal antecedent.

Patna High Court CR. MISC. No.8427 of 2020(2) dt.04-03-2020 2/2 Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate IV, Gaya in Khijarsarai P.S. Case no. 262/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) 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.

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

(Madhuresh Prasad, J) s.hassan/- U T