Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16687 of 2017 Arising Out of PS.Case No. -170 Year- 2016 Thana -RAJIVNAGAR District- PATNA ======================================================

1. Tinku Kumar Son of Shankar Singh, resident of Rajeev Nagar, Road No. 16, P.S. Rajeev Nagar, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Rajiv Nagar P.S.Case No.170 of 2016 registered for offences punishable under Sections279, 341, 323, 337, 307, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner is of assault by bricks and stones on the informant and his son, however, it is submitted on behalf of the petitioner that the F.I.R. itself shows that the occurrence took place due to accident between the vehicle of the petitioner and the informant and thereafter it is also alleged that the E-Rickshaw of the petitioner was stopped by the informant and others, as such some altercation took place. The petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.16687 of 2017 (2) dt.12-04-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Smt. K. Anjali, J.M. Ist classcum-Execution Munsif, Patna in connection with Rajiv Nagar P.S.Case No.170 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the trial of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U