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Patna High CourtCR. MISC./28025/2018bail granted

Mritunjay Kumar @ Mithailal @ Mritunjay Kumar Gaurav @ Mritunjay Kumar Bhagat v. The State Of Bihar

2018-05-15Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28025 of 2018 Arising Out of PS.Case No. -48 Year- 2017 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Mritunjay Kumar @ Mithailal @ Mritunjay Kumar Gaurav @ Mritunjay Kumar Bhagat S/o Late Munshilal Bhagat @ Munshi Bhagat, R/o Vill.- Koari, P.S.- Ganga Bridge, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 The petitioner is apprehending his arrest in connection with Raja Pakar (Baranti O.P.) P.S. Case No. 48 of 2017 registered for offences punishable under Sections 147, 148, 149, 341, 323, 279, 237, 338, 504 and 307 of the Indian Penal Code. Allegation against the petitioner is of firing and assaulting with the butt of the pistol on the informant causing injury.

It has been submitted on behalf of the petitioner that his motorcycle was dashed by the four wheeler of the informant and then informant snatched the key of the petitioner's vehicle and lodged a false case against the petitioner. No injury has been found on the person of the informant. Petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.28025 of 2018 (2) dt.15-05-2018 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, 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 CJM, VII, Vaishali at Hajipur in connection with Raja Pakar (Baranti O.P.) P.S. Case No. 48 of 2017, 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

Patna High Court Cr.Misc. No.28025 of 2018 (2) dt.15-05-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

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