Guddu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.36844 of 2015 (2) dt.10-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36844 of 2015 Arising Out of PS.Case No. -318 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Guddu Kumar Son of Anil Yadav R/o Villge Kauriya Bigha, P.s. Hilsa, District Nalandaa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Satyavrat Verma(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-09-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecution for the State.

This application for grant of anticipatory bail arises out of Hilsa P.S. Case No. 318 of 2015, disclosing offences under Sections 147,323,307 & 504 of the Indian Penal Code. Learned counsel for the petitioner submits that no grievous injury has been found on the person of the informant and contends that because of some petty dispute, while playing cricket, an altercation took place whereafter the present First Information Report came to be filed which is exaggerated version of what actually happened at the alleged time and date of the occurrence. Learned counsel appearing on behalf of the informant, on

Patna High Court Cr.Misc. No.36844 of 2015 (2) dt.10-09-2015 the other hand, has submitted that there being allegation of assault against the petitioner with rod, for the injury on the head of the informant, the petitioner is not entitled to grant of privilege of anticipatory bail.

However, considering the genesis of occurrence and statement that the petitioner has no criminal antecedent, this application is allowed. Let the petitioner, above named in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in Hilsa P.S. Case No. 318 of 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, 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