Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48492 of 2021 Arising Out of PS. Case No.-152 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Anil Kumar Son of Indal Singh Resident of village - Patnwa, P.S. - Sasaram (M), District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Sasaram (M) P. S Case No. 152 of 2020 for the offences punishable under Section 307/34 of the Indian Penal Code and 27 of the Arms Act..

According to the prosecution case, on 19.05.2020 scuffle took place between Hari Govind Singh and Indal Singh due to grazing of vegetable field. It is alleged that in the meantime, Anil Kumar made firing which hit on his left hand and the informant sustained fire arm injury.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.48492 of 2021(2) dt.20-12-2021 2/3 petitioner has clean antecedent and has been falsely implicated in this case. He further submits that informant sustained injury on his hand which is not the vital part of the body. Petitioner is in jail custody since 20.05.2020.

The learned A.P.P opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas in connection with Sasaram (M) P.S.Case No.152 of 2020,subject to the following conditions;-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

2. If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.48492 of 2021(2) dt.20-12-2021 3/3

3. 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 petitioners have concealed their 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) N.K/- U T