Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8530 of 2020 Arising Out of PS. Case No.-650 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

Subodh Kumar Son of Kamleshwari Sharma Resident of Village - Bishanpur, P.S.- Begusarai Town, District- Begusarai 2.

Kamleshwari Sharma Son of Late Singheshwar Sharma Resident of Village - Bishanpur, P.S.- Begusarai Town, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-03-2020 Heard learned Counsel for the petitioners and the learned APP for the State.

Petitioners apprehend arrest in Begusarai Town P.S. Case No. 650 of 2019 registered under Sections 341, 323 and 307/34 IPC. The petitioners along with co-accused Rajesh Kumar are alleged to have abused and assaulgted the informant while he was sitting in his shop.

Pointing out to the allegations made in the FIR it is submitted by petitioners' counsel that the author of the injury which stands corroborated medically is none other than co-accused Rajesh Kumar. Petitioners have been implicated since they are brother and father of co-accused Rajesh Kumar. The petitioners have clean antecedent.

Learned APP has opposed the prayer.

Considering the rival submissions this Court is inclined to accept the submission on behalf of the petitioners. The prayer is allowed.

In the event of arrest or surrender before the court below

Patna High Court CR. MISC. No.8530 of 2020(2) dt.03-03-2020 2/2 within four weeks from today, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Begisarai, in Begusarai Town PS Case No. 650 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also 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 in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T