Nirdosh Kumar @ Nidosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38467 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -SURYAPURA District- SASARAM (ROHTAS) ======================================================

1. Nirdosh Kumar @ Nidosh Kumar Son of Ravindra Choudhary, resident of Village- Sheo Bahar, P.S.- Surajpura, District- Rohtas (Sasaram). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard the parties.

The petitioner is apprehending arrest in connection with Suryapura P.S.Case No.56 of 2017, registered for offences punishable under Sections 341, 323, 379, 354 of the Indian Penal Code.

Allegation against the petitioner is of catching hold hands of the informant and thrashing him on the ground and assaulted him. The case is under Section 354 and 323 of the IPC . Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case due to land dispute and no such injury has been caused on the person of the informant.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.38467 of 2017 (2) dt.21-08-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Bikramganj, Rohtas, Sasaram in connection with Suryapura P.S.Case No.56 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T