Sikku Yadav @ Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22869 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- SULTANGANJ DistrictBhagalpur ====================================================== Sikku Yadav @ Sudhanshu Kumar, aged about 18 years, Son of Anil Yadav Resident of Village - Gopal Road, Bisharisthan, P.s.- Sultanganj, Distt.- Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajive Ranjan Singh, Advocate.

For the Opposite Party:

APP ====================================================== 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 341, 323, 307, 504 and 34 of the Indian Penal Code registered in connection with Sultanganj P.S. Case No. 209 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of past enmity and in any event no grievous injuries has resulted from the assault attributed to the petitioner. There is considerable delay in institution of F.I.R. on 30.08.2018 for the alleged occurrence of 23.08.2018. 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 priovisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like

Patna High Court CR. MISC. No.22869 of 2019(2) dt.11-04-2019 2/2 amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Bhagalpur in connection with Sultanganj P.S. Case No. 209 of 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 conclusion of the trial.

(iii) That the petitioner shall cooperate 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) That 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.

5. The provisional bail shall be confirmed upon verification that the injuries sustained by the informant are not grievous in nature. In case the same is found to be grievous, the provisional bail shall stand automatically cancelled. (Vikash Jain, J) Ibrar//- U T