Nimil Kishore v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20420 of 2020 Arising Out of PS. Case No.-562 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== NIMIL KISHORE S/o Late Nawal Kishore Rakshpal Resident of Plot no.190/B, R.K. Avenue, Opposite Maila Tanki, Rajendra Nagar, P.S.- Kadamkuan, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Bhardwaj, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 427, 504, 307, 354B and 379/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is full brothers of the informant. It is submitted that the occurrence took place on account of land dispute between the full-brothers and during the pendency of the anticipatory bail application, on intervention of the well-wishers, the brothers have settled their differences and they have filed a compromise petition in the
Patna High Court CR. MISC. No.20420 of 2020(4) dt.27-07-2022 2/3 learned court below on 16.06.2021 (Annexure-5 to the second supplementary affidavit).
Since the informant now does not want to pursue the case against the petitioner, as such, no useful purpose would be served to send the petitioner behind the bar. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kadamkuan P.S. Case No. 526 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
The learned court below before accepting the bail bond shall verify whether the compromise is genuine or not. In the event, if the learned court below after verification comes to a conclusion that the compromise is not a genuine compromise then the present order shall not be acted upon. In the event, if it
Patna High Court CR. MISC. No.20420 of 2020(4) dt.27-07-2022 3/3 is found after verification that the compromise is genuine, the bail bond of the petitioner shall be accepted forthwith. (Satyavrat Verma, J) Kundan/- U T