Sambhu Kumar @ Sambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32796 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -BEERPUR District- BEGUSARAI ======================================================

1. Sambhu Kumar @ Sambhu Paswan S/o Bhato Paswan R/o Vill - Maida Babhangama, P.S. - Birpur, Dist - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Birpur P.S. Case No. 116 of 2016 instituted for the offence under Sections-325, 326, 307 & other minor sections of the Indian Penal Code. It has been alleged that there is general and omnibus allegation against the petitioner. The occurrence took place on account of land dispute. The petitioner has clean antecedent. It has been submitted that this petitioner and other accused persons assaulted the informant, on account of which, four teeth were broken and he also sustained bleeding injury on the head. Learned Sessions Judge has mentioned in the impugned order that the injury found on the person of the injured was simple in nature.

Patna High Court Cr.Misc. No.32796 of 2017 (2) dt.17-07-2017 2/2 Accordingly, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of 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 in connection with Birpur P.S. Case No. 116 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Begusarai subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if 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. (Sanjay Priya, J) A.K.V.