Nirbhay Kumar @ Nirbhay Kumar Mandal @ Nirmal Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27733 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -FALKAHA District- KATIHAR ======================================================

1. Nirbhay Kumar @ Nirbhay Kumar Mandal @ Nirmal Kumar Mandal Son of Nand Kishore Mandal resident of Village - Tikka Patti, P.S. - Falka (Pothia), District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2018 The petitioner is apprehending his arrest in connection with Falka (Pothia) P.S. Case No. 14 of 2018, registered for offences punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

Allegation against the petitioner is of assault to the informant on his leg by axe.

It has been submitted on behalf of the petitioner that as the informant used to store fuel in the land of petitioner, he objected in which some altercation took between the parties and due to which the present case has been lodged by the informant and though there is allegation that petitioner assaulted him on his leg by means of axe but it has come that the injury has been caused by hard and blunt substance. Petitioner has no criminal

Patna High Court Cr.Misc. No.27733 of 2018 (2) dt.11-05-2018 2/3 antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -V, Katihar, in connection with Falka (Pothia) P.S. Case No. 14 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.27733 of 2018 (2) dt.11-05-2018 3/3 prosecution is free to move for cancellation of his bail bonds.

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