Sanjay Kumar @ Sanjay Prasad v. The State Of Bihar
Patna High Court Cr.Misc. No.16807 of 2018 (3) dt.02-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16807 of 2018 Arising Out of PS.Case No. -490 Year- 2016 Thana -DHANARUA District- PATNA ====================================================== Sanjay Kumar @ Sanjay Prasad Son of late Krishnandan Prasad Resident of village- Hiranchak, P.O. Sonemai, P.S. Dhanarua, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Sri Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
This is a case registered under Sections 302,379 and 411 of the Indian Penal Code.
It is submitted by the petitioner's counsel that the FIR has been lodged under misconception. The deceased was suffering from chronic disease epilepsy and due to fall, he sustained injury. The petitioner has no criminal antecedent prior to the instant case and he is in custody since 18.10.2017. Counsel for the informant has appeared and has not controverted the submissions made by the counsel for the petitioner.
In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be
Patna High Court Cr.Misc. No.16807 of 2018 (3) dt.02-05-2018 released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Masaurhi, Patna in Dhanarua P.S. Case No. 490 of 2016 subject to the conditions :
(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.
(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J) Prakash/- U