Punni Patel @ Puni Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40589 of 2019 Arising Out of PS. Case No.-199 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.
PUNNI PATEL @ PUNI PATEL Son of Thakur Patel R/O Baswariya Ward No. 29, P.S. Bettiah Town, District- West Champaran. 2.
Om Prakash @ Om Prakash Kumar @ Raja Son of Bharath Prasad @ Bharath Prasad Patel R/O Baswariya Ward No. 29, P.S. Bettiah Town, District- West Champaran.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Bimlesh Kumar Pandey For the Opposite Party :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-07-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Bettiah Town P.S. Case No. 199 of 2019 for the offence punishable under Sections 341, 323, 354(B) and 379/34 of the Indian Penal Code.
Considering the fact that the petitioner No. 2, namely, Om Prakash @ Om Prakash Kumar @ Raja, has criminal antecedent, I am not inclined to grant him privilege of anticipatory bail.
This application so far as it relates to petitioner No. 2 is rejected. However, he is directed to to surrender before the Court below within a period of four weeks from today and seek
Patna High Court CR. MISC. No.40589 of 2019(2) dt.02-07-2019 2/3 regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.
Learned counsel appearing on behalf of the petitioners has submitted that there is allegation of assault made by fists and of misbehaviour with the informant's daughter. Allegation of snatching of valuables, he contends, is just superimposition.
Considering the above submission, this application, so far as it relates to petitioner No. 1, namely, Punni Patel @ Puni Patel, is allowed.
Let petitioner No.1, namely, Punni Patel @ Puni Patel, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned C.J.M., Bettiah, West Champaran, in Bettiah Town P.S. Case No. 199 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as
Patna High Court CR. MISC. No.40589 of 2019(2) dt.02-07-2019 3/3 and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Pawan/- U T