Amit Kumar @ Amit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48328 of 2021 Arising Out of PS. Case No.-12 Year-2019 Thana- CHHABILAPUR District- Nalanda ====================================================== 1.

AMIT KUMAR @ AMIT Son of Virendra Singh @ Birendra Singh 2.

PRINCE KUMAR S/o- ARVIND SINGH Both are Resident of Village- Goraur, P.S.- Chhabilapur, District - Nalanda (Biharsharif).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rohit Kumar, Advocate Mr. Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 504, 506, 379 and 307 of the Indian Penal Code. Since Petitioner No. 2 Prince Kumar has caused injury at the head of the wife of the informant, I am not inclined to enlarge him on anticipatory bail, for the reason that he had knowledge that his act might cause death, in connection with Chhabilapur Police Station Case No. 12 of 2019 corresponding to G.R. No. 708 of 2019 pending in the Court of learned Additional Chief Judicial MagistrateV, Nalanda, Bihar Sharif/successor Court. Petitioner No. 1 Amit Kumar @ Amit has not caused

Patna High Court CR. MISC. No.48328 of 2021(2) dt.21-12-2021 2/2 injury on any vital part of the body and he has got no criminal antecedent.

Hence, let petitioner no. 1 Amit Kumar @ Amit in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Chhabilapur Police Station Case No. 12 of 2019 corresponding to G.R. No. 708 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) Petitioner No. 1 shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of petitioner no.1. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) Petitioner No. 1 shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T