Kanishka Yadav @ Kanish Kumar @ Kanish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40982 of 2018 Arising Out of PS.Case No. -170 Year- 2017 Thana -KARPI District- JEHANABAD ====================================================== Kanishka Yadav @ Kanish Kumar @ Kanish Yadav S/o Late Brij Nandan Singh, R/o Vill.- Gulzarbagh, P.S.- Karpi, District- Arwal. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anurag Anand For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2018 The petitioner is apprehending his arrest in connection with Karpi P.S. Case No. 170/17, registered for offences punishable under Sections 341, 323 and 307 of the Indian Penal Code.
Allegation against the petitioner is that he has assaulted the brother-in-law of the informant due to which he sustained injury.
It has been submitted on behalf of the petitioner that there is no allegation of assault by any weapon and the petitioner is a mentally retarded person. It is further submitted that injuries are simple in nature.
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
Patna High Court Cr.Misc. No.40982 of 2018 (2) dt.17-07-2018 2/2 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, Arwal, in connection with Karpi P.S. Case No. 170/17, 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 prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/-Amjad U T