Harendra Sao @ Harendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17103 of 2018 Arising Out of PS.Case No. -73 Year- 2017 Thana -RISHIUP District- AURANGABAD ====================================================== Harendra Sao @ Harendra Kumar, S/o Sadip Sao, Resident of VillageGheura, P.S.- Risiup, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Risiup P.S. Case No. 73 of 2017 for the offences punishable under sections 323, 324, 379, 341 and 308/34 of the I.P.C.

Allegedly, the informant was booking ticket in Bus No. BR26E-1061 then the accused persons named in the FIR including the petitioner stopped the Bus near Gheura Mor and after getting down the informant started assaulting him with lathi, danda, rod etc. and were telling as to why they were not being paid Rs. 500/- daily. The accused persons also took out Rs. 1000/- from the pocket of the informant.

Submission is of false implication and that due to

Patna High Court Cr.Misc. No.17103 of 2018 (2) dt.06-04-2018 2/2 previous enmity the petitioner has been implicated, the petitioner has got no criminal antecedent, at the time of occurrence the petitioner was not present at the place of occurrence rather he was busy in Shataisha, the informant has received only bruise and abrasion and has not submitted x-ray report and as such the petitioner deserves sympathetic consideration. The learned A.P.P. submits that the petitioner and others have assaulted the informant for not fulfilling the demand of ransom.

In the facts and circumstances stated above, considering that the petitioner has got no criminal antecedent as has been disclosed in paragraph-3 of the bail application and further considering that two bruises and one abrasion was found on the person of the informant by the doctor and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M-VIII, Aurangabad in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T