Pramod Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47311 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -MAIRWA District- SIWAN ======================================================

1. Pramod Kumar Sharma Son of Dharam Raj Sharma, R/o Village- Titera, P.S.- Mairwa, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Mairwa P.S. Case No. 100 of 2017 instituted for the offence under Sections-379, 307 & other minor Sections of the Indian Penal Code.

There is allegation against this petitioner of assaulting the informant with iron rod on the left leg. Thereafter, Chunchun Sharma assaulted the informant with Rami on his right hand. The injury report of the informant is annexed as Annexure2/1 wherein the doctor has found one sharp cutting injury on right side of Head. Diffuse swelling around left wrist joint. The nature of injury No. 1 is said to be simple caused by sharp cutting and injury No. 2 is caused by hard and blunt substance.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of

Patna High Court Cr.Misc. No.47311 of 2017 (3) dt.13-10-2017 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 Mairwa P.S. Case No. 100 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateVII, Siwan 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 petitioner 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./- U T