Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2364 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Rajesh Kumar, son of Jibu Singh, resident of village- Chiranjivipur, Police Station- Bachhwara, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bachhwara P.S. Case No.63 of 2017 instituted for the offence under Section(s) 307 and other allied sections of the Indian Penal Code. It has been submitted that both petitioner and the informant are close relative and next door neighbours and due to drainage of waste water scuffle took place. Petitioner has lodged earlier Bachhwara P.S. Case No.62 of 2015 against the informant and others. It is also submitted that due to land dispute between the parties earlier also case has been filed from both sides vide Bachhwara P.S. Case No.32 of 2015 and 33 of 2015, which are still pending.

In the instant case, allegation against the petitioner is of assaulting the informant with iron rod on the head.

Patna High Court Cr.Misc. No.2364 of 2018 (2) dt.17-01-2018 2/2 Injury report has been annexed as Annexure-2, wherein, doctor has found simple injuries.

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 Bachhwara P.S. Case No.63 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, VI, Begusarai, 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 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) JA/- U T