Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28360 of 2019 Arising Out of PS. Case No.-221 Year-2018 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== SATISH KUMAR Son of Lala Singh Resident of Village - Pachachis Kurba, P.S.- Industrial Area in the district of Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Industrial Area P.S. Case N0. 221 of 2018, disclosing offences under Sections 341,323,324,379,349 of the Indian Penal Code. There is allegation that the persons named in the First Information Report were insisting that the informant should sopend some money on them, which he was carrying. It is, thus, apparent that the informant and the persons named were closely known to each other. Allegedly, when the informant refused, co-accused Tappu Singh snatched the money, which the informant was carrying (10,000/-) and other accused persons assaulted him. There is allegation against the petitioner of having assaulted the informant with knife.

Patna High Court CR. MISC. No.28360 of 2019(2) dt.30-04-2019 2/3 It seems that the injury in the abdomen of the informant has been found to have been caused by sharp cutting weapon.

Learned counsel appearing on behalf of the petitioner has submitted that the manner in which the occurrence is said to have taken place, it cannot be believed that there was any intention of the persons named in the F.I.R to hurt the informant. The persons against whom there is allegation of having snatched the money, have been granted anticipatory bail by this Court by order dated 12.03.2019 passed in Cr. Misc. No. 15264 of 2019. Considering the facts and circumstances of the case, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in Industrial Area P.S. Case No. 221 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as

Patna High Court CR. MISC. No.28360 of 2019(2) dt.30-04-2019 3/3 and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U