Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14623 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Raja Kumar son of Krishna Nandan Sah, Village- Bibipur, Police StationVaishali (O.P. Belsar), District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Rajpati For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Vaishali Police Station Case No. 137 of 2015, disclosing offences under Sections 341, 323, 324, 308, 427, 354, 379/34 of the Indian Penal Code.

The informant has a Ice-cream Factory.

Allegedly, on 10.05.2015, co-accused Krishna Nandan Sah asked for ice-cream without any payment. On refusal, the said accused and others are said to have assaulted the informant. It is further alleged that on 11.05.2015, the accused persons again came to the Ice-cream Factory of the informant and assaulted him and his family members.

Patna High Court Cr.Misc. No.14623 of 2016 (2) dt.22-04-2016 2/3 There is an allegation against the petitioner that he hit the wife of the informant with an iron rod on her head. Learned Counsel appearing on behalf of the petitioner has submitted that he has no criminal antecedent and there is no likelihood of him tampering with the evidence. She further submits that the petitioner shall not influence the witnesses or tamper with the evidence in any manner whatsoever.

Considering the facts and circumstances and the nature of accusation, this application is allowed. Let the petitioner, Raja Kumar, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Vaishali Police Station Case No. 137 of 2015, subject to the condition 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 bond shall be liable to be

Patna High Court Cr.Misc. No.14623 of 2016 (2) dt.22-04-2016 3/3 cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √