Baban Kumar @ Kumar Snailnand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19241 of 2016 Arising Out of PS.Case No. -223 Year- 2015 Thana -LAXMIPUR District- JAMUI =====================================

1. Baban Kumar @ Kumar Snailnand, son of Jainarayan Sah, resident of village- Laxmipur, P.S.- Laxmipur, DistrictJamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s :Mr. Satya Prakash Parasar, Adv. For the Opposite Party/s :Mr. Rajesh Kumar (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Laxmipur P.S. Case No.223 of 2015, disclosing offences under Sections 341, 323, 307, 504 read with Section 34 of the Indian Penal Code. The informant is said to be Block President of Rastriya Janta Dal. It is alleged that he had gone to Block Office, Jamui, since the Additional Collector of the district was coming to C.O. Office and Block Office. It is

Patna High Court Cr.Misc. No.19241 of 2016 (2) dt.16-05-2016 2/3 alleged against the petitioner that he used to act as a broker for preparation and issuance of caste certificates. Allegedly, the petitioner upon seeing the informant assaulted him with slaps and fists. On protest, he is said to have assaulted the informant with iron rod with an intention to kill him.

Learned counsel for the petitioner has submitted that the allegation made in the First Information Report, prima facie, appears to be improbable. He has further submitted that petitioner has no criminal antecedent and apparently the case has been lodged because of local rivalry.

Considering the submission, as above, this application is allowed. Let the petitioner, abovenamed, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jamui, in connection with Laxmipur P.S. Case No.223 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

Patna High Court Cr.Misc. No.19241 of 2016 (2) dt.16-05-2016 3/3 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 cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T