Shashi Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13753 of 2020 Arising Out of PS. Case No.-134 Year-2019 Thana- CHAKAND District- Gaya ====================================================== Shashi Ranjan Kumar Son of Sukul Paswan Resident of Village - Chamandih, P.S.- Chakand, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case initially registered under Sections 341, 323, 279, 308, 504, 506/34 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code was also added.
Allegedly, while the informant's father after doing work was returning to his house, in the way, near Bajrangwali temple at village, Molbichak, three persons on a motorcycle dashed him by driving rashly and negligently. It is also alleged that the
Patna High Court CR. MISC. No.13753 of 2020(3) dt.25-06-2020 2/3 accused persons assaulted her father brutally as a result of which, he sustained serious injury.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya in connection with Chakand P.S. Case No. 134 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall
Patna High Court CR. MISC. No.13753 of 2020(3) dt.25-06-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T