Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49823 of 2018 ======================================================

1. Sunil Kumar, S/o Late Dwarika Prasad, Resident of Village- Tarwan, P.S.- Wazirganj, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Wazirganj P.S.Case No.32 of 2016 dated 31.1.2016 , registered for offences punishable under Sections 341, 323, 307, 385 and 504/34 of the Indian Penal Code.

Allegation against the petitioner is of assault on the informant.

Submission of the learned counsel for the petitioner is that there is general and omnibus allegation against the petitioner and some of the co-accused persons have been granted privilege of the anticipatory bail vide order dated 27.7.2016 passed in Cr. Misc. No.28403 of 2016.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.49823 of 2018 (2) dt.30-08-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Gaya in connection with Wazirganj P.S.Case NO.32 of 2016 pending vide GR No.524 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T