Pintoo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56188 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -HASPURA District- AURANGABAD ====================================================== Pintoo Kumar Son of Saligram Paswan, Resident of Village-Bhatan Bigha, P.s.-Haspura, District-Aurangabad, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in Haspura P.S. Case No.130 of 2017 for the offence under Sections 447, 341, 323, 324, 307, 337, 504, 506, 34 of I.P.C.

As per the written report, it is alleged that while the informant was cleaning the garbage behind his house the petitioner along with other co-accused persons abused him and also assaulted him with tangi causing head injury. Counsel for the petitioner has submitted that there is case and counter case between the parties. The father of the petitioner earlier filed a case bearing Haspura P.S. Case No.129/17 against the informant and others. The instant case has been filed

Patna High Court Cr.Misc. No.56188 of 2017 (2) dt.27-11-2017 2/3 against the petitioner alleging therein that he assaulted the informant with tangi on his head whereas the injury report, Annexure-3,shows the injury simple in nature. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of S.D.J.M.,Daudnagar, Aurangabad, in Haspura P.S.

Case No.130/17 subject to the conditions as laid down under Section 438 (2) of 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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) AnilKrSinha/- U

Patna High Court Cr.Misc. No.56188 of 2017 (2) dt.27-11-2017 3/3