Patna High CourtCR. MISC./7782/2016bail granted

Sajan Kumar v. The State Of Bihar

2016-04-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7782 of 2016 Arising Out of PS.Case No. -57 Year- 2015 Thana -PARASI District- JEHANABAD ======================================================

1. Sajan Kumar Son of Bishunpat Paswan resident of village - Brindaban Khokhari, Police Station and District - Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Upendra Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory arises out of Parasi Police Station Case No. 57 of 2015, disclosing offences under Sections 341,323,307/34 of the Indian Penal Code. It is alleged that the accused persons including the present petitioner assaulted the son of the informant who was leading a procession for immersion of the idol of Goddess Laxmi.

Learned counsel for the petitioner appears to be right in his submission that no offence under Section 307 of the Indian Penal Code is made out on the basis of the allegation as contained in the First Information Report. In view of the above, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs.

amount each to the satisfaction of Sri Kishore Kumar, learned Judicial Magistrate, Ist Class, Arwal in connection with Parasi P. S. Case No. 57 of 2015, subject to the conditions as 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U