← Library
Patna High CourtCR. MISC./46972/2018bail granted

Sanoj Kumar v. The State Of Bihar

2018-08-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46972 of 2018 Arising Out of PS.Case No. -63 Year- 2018 Thana -DHARHARA District- MUNGER ======================================================

1. Sanoj Kumar Son of Raghunandan Rai resident of Village - Shivkund, Police Station - Dharhara, District - Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Naresh Sharma For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Dharhara P.S. Case No. 63/2018, instituted for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is case and counter case between the parties. Father of this petitioner has also filed Complaint Case No. 258/2018 against informant and others. In the instant case, there is allegation that accused persons including the petitioner surrounded the informant and with intention to kill assaulted with iron rod on her head causing rupture injury. Injury report of informant is annexed as

Patna High Court Cr.Misc. No.46972 of 2018 (2) dt.27-08-2018 2/2 Annexure-4 which shows that the informant has sustained simple injury caused by hard and blunt substance.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Dharhara P.S. Case No. 63/2018, 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 learned Additional Chief Judicial Magistrate Ist, Munger, subject to the conditions as laid down under Section 438(2) of the 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 tamper 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.)