Anuj Das @ Sadhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25940 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- KAKO DistrictJehanabad ====================================================== ANUJ DAS @ SADHU, aged about 25 years, male, Son of Surendra Das Resident of Village- Nonhi, P.O.- Nonhi, P.S.- Kako, District- Jehanabad ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-04-2019 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, 147, 307, 504 and 379 of the Indian Penal Code registered in connection with Kako P.S. Case No. 231 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute between the parties. The parties are agnates and the petitioner has also received injury. The specific accusation against the petitioner is of assault with iron rod on the head of the informant's husband and whose injury is not conclusive as it is stated that the injury may be grievous and the patient has been referred to expert Radiologist. 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 provisional bail on furnishing bail bond

Patna High Court CR. MISC. No.25940 of 2019(2) dt.22-04-2019 2/2 of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jehanabad in connection with Kako P.S. Case No. 231 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 informant's husband has not sustained any grievous injuries. In case grievous injuries are found, the provisional bail shall stand automatically cancelled. (Vikash Jain, J) Ibrar//- U T