Sandeep Kumar @ Sandeep Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63341 of 2017 Arising Out of PS.Case No. -215 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================
1. Sandeep Kumar @ Sandeep Choudhary, son of Madhu Kant Choudhary, resident of village- Rampur Jalalpur, P.S.- Dalsing Sarai, DistrictSamastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lovekush Kumar, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Dalsinghsarai P.S. Case No.215 of 2017 instituted for the offence under Section(s) 307 and other allied sections of the Indian Penal Code. Counsel for the petitioner has submitted that both parties are agnates. There is case and counter case. Four persons from the side of the petitioner have sustained injuries due to assault made by the prosecution party vide Dalsinghsarai P.S. Case No.216 of 2017 filed by Ram Babu Chaudhary, cousin brother of the petitioner.
In the instant case, there is allegation that the petitioner and other accused assaulted the informant and his family members.
Patna High Court Cr.Misc. No.63341 of 2017 (3) dt.22-02-2018 2/3 Injury report of the instant case has been annexed as Anenxure-2 series from which it appears that all have sustained simple injuries.
It has been submitted that co-accused, Dhiraj Chaudhary, has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 16.01.2018 passed in Cr. Misc. No.3018 of 2018.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dalsinghsarai P.S. Case No.215 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, I, Dalsinghsarai, Samastipur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail
Patna High Court Cr.Misc. No.63341 of 2017 (3) dt.22-02-2018 3/3 bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T