Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1568 of 2019 Arising Out of PS. Case No.-1128 Year-2018 Thana- SONEPUR District- Saran ====================================================== Deepak Kumar , S/o Kangresh Rai @ Kamleshwar Ray, resident of villagePaheleza Shahpur Diyara, P.S. Sonepur, District- Saran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anurag Saurav, Adv.

For the Opposite Party/s :

Mr.Smt. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sonepur P.S. Case No. 1128 of 2018 registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

Informant has alleged in his written complaint that on 13. 11.2018 at about 5 P.M. when he and his son were present in their house suddenly F.I.R. named accused came there and started abusing and also assaulted by knife and iron rod and on raising alarm villagers assembled there thereafter they fled away, his son sustained injury at the hands of accused. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.1568 of 2019(2) dt.18-01-2019 2/2 falsely implicated in this case. There is case and counter case and the son of informant has sustained injury which is simple in nature. Petitioner is in custody since 16.11.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Saran at Chapra, in connection with Sonepur P.S. Case No. 1128 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T