Patna High CourtCR. MISC./19047/2016bail granted

Suman Kumar v. The State Of Bihar

2016-05-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19047 of 2016 Arising Out of PS.Case No. -171 Year- 2015 Thana -MANSI District- KHAGARIA ======================================================

1. Suman Kumar S/o Lukho Sah resident of village - Khutia, P.S. Mansi, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Shailendra Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for anticipatory bail arises out of Mansi P.S. case No. 171 of 2015, disclosing offences under Sections341,323,384,427,504/34 of the Indian Penal Code and 27 of the Arms Act.

Briefly stated, the case of the prosecution is that the petitioner and other co-accused persons had been demanding extortion from the informant and upon denial, they assaulted him. It is also alleged that they opened fire and dismantled articles of the shop of the informant.

Learned counsel appearing on behalf of the petitioner has submitted that an altercation had taken place between the

informant and the co-accused persons. He further submits that the injuries have been found to be simple in nature. The petitioner has no criminal antecedent as mentioned in paragraph 3 of the application.

Considering the above, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, 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 Sub Divisional Judicial Magistrate, Khagaria in Mansi P. S. Case No. 171/2015, subject to the conditions as 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U