Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49742 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- TETERHAT District- Lakhisarai ====================================================== NANDAN KUMAR Son of Dashrath Chuadhari @ Daso chaudhary Resident of Village - Manpur, P.S. - Chanan, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 341, 342, 324, 326 and 307/34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted the informant with Hasuli on his head.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that as per allegation as alleged in the First information Report is that the petitioner assaulted on the head

Patna High Court CR. MISC. No.49742 of 2021(3) dt.24-03-2022 2/3 of the informant many time but it appears form the injury report only one injury is found which is simple in nature. It is further submitted that similarly situated co-accused, Kaushal Yadav @ Kaushal Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 22.03.2022 passed in Cr. Misc. No. 47826 of 2021. It is further submitted that the petitioner has clean criminal antecedent and he is in custody since 11.06.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above name, 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 Court below where the case is pending in connection with Tetarhat P.S. Case No. 62 of 2021 with 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.49742 of 2021(3) dt.24-03-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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 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) Jagdish/- U T