Sohrai @ Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45860 of 2021 Arising Out of PS. Case No.-80 Year-2020 Thana- UPHARA District- Aurangabad ====================================================== Sohrai @ Satish Kumar Son of Dhandharik Singh @ Dhanushdhari Shing Resident of Village - Shankar Dih, P.S.- Uphara, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manoj Kumar Pandey, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP For the Informant :

Mr. Binod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-03-2022 Learned counsel for the petitioner files the original copy of the supplementary affidavit which has been filed on eportal as well as e-mail which is taken on record. Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant. The petitioner apprehends his arrest in connection with Uphara P.S. Case No.80 of 2020 registered for offences under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted by learned counsel for the petitioner that the petitioner is suffering from paralytic attack and in support of the same, he has filed some documents. Learned counsel for opposite party no.2 submits that the petitioner has not suffered paralytic attack and he is moving

Patna High Court CR. MISC. No.45860 of 2021(3) dt.02-03-2022 2/2 freely.

Considering the submissions of the parties, the application for anticipatory bail is allowed only on the medical ground but before accepting bail bond of the petitioner, the court below shall be satisfied itself after seeing the petitioner physically - whether the petitioner is suffering from paralytic attack or not. If the court below finds that the petitioner is suffering from paralytic attack, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Uphara P.S. Case No.80 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. If it is found that the petitioner is not suffering from paralytic attack then he shall be taken into custody forthwith and a report shall be sent to this Court and in this regard suitable action shall be taken against the petitioner.

With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) BT/- U T