Patna High CourtCR. MISC./18899/2016bail granted

Kumar Prakash @ Prakash @ Sonu v. The State Of Bihar

2016-05-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18899 of 2016 Arising Out of PS.Case No. -123 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Kumar Prakash @ Prakash @ Sonu, Son of Arvind Singh, Resident of Village- Gorasara, Police Station- Ramgarh, District- Kaimur (Bhabhua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghwendra Pratap Singh For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-05-2016 Heard learned counsel appearing on behalf of the petitioner and learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Mohaniya P.S. Case No. 123 of 2016, disclosing offences under Sections 307, 324, 379, and 34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner has no criminal antecedent, and institution of the present case is in retaliation to the F.I.R., lodged by a friend of the petitioner against son of the informant in Varanasi. He has submitted that injury report falsifies the prosecution case inasmuch as the allegation is of assaulting the informant with dagger but the injury have been found to be simple

Patna High Court Cr.Misc. No.18899 of 2016 (2) dt.06-05-2016 2/2 in nature.

Considering the submission as above this application is allowed.

Let the petitioner, above-named, in the event of his arrest/surrender before the court below within six weeks from today, 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 the learned C.J.M., Kaimur (Bhabua), in Mohaniya P.S. Case No. 123 of 2016, subject to the conditons as laid down under Section 438(2) of the Cr.P.C.

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 consecutives occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) siddharth/- U T