Rama Kant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40294 of 2024 Arising Out of PS. Case No.-832 Year-2023 Thana- DEHRI TOWN District- Rohtas ====================================================== Rama Kant Kumar son of Haridwar Singh R/o Village- Pitambarpur PsIndrapuri Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-07-2024 Heard Mr.Rajesh Kumar Singh, learned counsel for the petitioner and Mr.Tarkeshwar Nath Thakur, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Dehri (Nagar) (Indrapuri O.P.) P.S.Case No.832 of 2023, FIR dated 15.10.2023 registered for the offences punishable under Sections 341,323,379,504,506 of IPC.
3. Allegation against the petitioner is that he assaulted to the informant by means of iron rod which hit on his left eyes and he sustained injuries on his left eyes. He again assaulted him with iron rod which hit on his nose and left eye but his eyes got spared anyhow and during course of assault petitioner snatched Rs.7,000/- from his pocket and he fell on the earth.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.40294 of 2024(2) dt.10-07-2024 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that alothough there is allegation against the petitioner that he assaulted to the informant by means of iron rod and he has received injury but the injury report of the informant suggests that the injury is simple in nature caused by hard and blunt substance.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean antecedent and injury report of the injured person suggests that the injury is simple in nature, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, Rohtas in connection with Dehri (Nagar) (Indrapuri O.P.) P.S.Case No.832 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.40294 of 2024(2) dt.10-07-2024 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T