Vijay Gai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36441 of 2018 Arising Out of PS.Case No. -227 Year- 2016 Thana -BATHNAHA District- SITAMARHI ======================================================

1. Vijay Gai, Son of Satya Narayan Gai, Resident of Village- Dighi, P.S.- Bathnaha, District- Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and leaned Additional Public Prosecutor of the State.

The petitioner is apprehending his arrest in connection with Bathnaha P.S. Case No. 227 of 2016, registered for offences punishable under Sections 147, 148, 341, 323, 324, 307, 436, 504 and 506 of the Indian Penal Code.

The allegation against the petitioner is of assault by farsa to the informant, causing injury.

Submission of the learned counsel for the petitioner is that there was dispute with respect to theft of gun and moreover the injury was found to be simple in nature, caused by sharp and hard blunt object. It is also submitted that allegation against the

Patna High Court Cr.Misc. No.36441 of 2018 (3) dt.29-06-2018 2/2 petitioner is completely false and concocted and the petitioner has no criminal antecedent.

Learned Additional Public Prosecutor opposes the prayer of bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, 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 the order, be released on anticipatory bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Bathnaha P.S. Case No. 227 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, subject to the conditions laid down under Section 438

(2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before the police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T