Prince Kumar @Prince Kumar Gupta @Prince v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15057 of 2019 Arising Out of PS. Case No.-279 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== PRINCE KUMAR @PRINCE KUMAR GUPTA @PRINCE Son of Bhola Kumar @ Bhola Kumar Sah @ Bhola Prasad Resident of - Opposite Barambaba Mirganj Ward No. 9, P.S.- Mirganj, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Informant : Mr. Jitendra Kumar Singh, For the Opposite Party/s :

Ms.Madhuri Lata,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 379, 354, 324, 307 IPC registered in connection with Mirganj P.S. Case No. 279 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and the present FIR has been filed in retaliation to earlier Mirganj P.S. Case No. 255 of 2018 filed by the petitioner against the informant's side. The petitioner is alleged to have assaulted the informant's brother with iron rod on leg, which is a non-vital part of the body and the injuries are simple in nature. The petitioner claims clean antecedents.

4. In the meantime, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional anticipatory bail on furnishing bail bond of

Patna High Court CR. MISC. No.15057 of 2019(2) dt.12-03-2019 2/2 Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XVI, Gopalganj in connection with Mirganj P.S. Case No. 279 of 2018 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

6. The provisional bail shall be confirmed upon verification from the injury reports that the injuries if any, on informant's brother are not grievous in nature.

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(Vikash Jain, J) Chandran/- U T