Rahul Kumar @ Rahul Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22812 of 2019 Arising Out of PS. Case No.-436 Year-2018 Thana- BARH District- Patna ====================================================== RAHUL KUMAR @ RAHUL SHARMA Son of Late Ram Pravesh Sharma Resident of Kajichak, Ward No. 24, Barh, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 323/307 IPC and Section 27 of the Arms Act registered in connection with Barh P.S. Case No. 436/2018.

3. It is submitted that the petitioner ha been falsely implicated in the backdrop of land dispute between the parties. The accusation of assault is general and omnibus without any specific assault attributed individually. Injuries are simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, Barh, Patna in connection with Barh P.S. Case No. 436/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till

Patna High Court CR. MISC. No.22812 of 2019(2) dt.11-04-2019 2/2 conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T