Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26760 of 2017 Arising Out of PS.Case No. -178 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Anuj Kumar Son of Krishana Yadav, Resident of Village- Bijay Tarn, P.S.- Nawada, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Adv. For the Opposite Party/s : Mr. Satya Nand Shukla, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 This appeal is for grant of regular bail in connection with Nawada Town P.S. Case No. 178 of 2017 registered for the offences punishable under sections 147, 148, 149, 325, 307, 384, 504 of the Indian Penal Code and section 27 of the Arms Act. Allegation against the appellant and other accused persons is of demand of Rangdari and also of assaulting the informant and others, however it has been submitted on behalf of appellant that though there is an allegation against the petitioner of firing, but no injury has been found and he has annexed the injury report also. It has further been submitted that as a matter of fact, the appellant has taken a land on rent for opening his shop and for that, there is a dispute between the appellant and the informant and for that, the present case has been filed.

Heard learned A.P.P. also. Learned A.P.P. could not controvert the above submission.

Having heard both sides and in view of the facts, as stated

Patna High Court Cr.Misc. No.26760 of 2017 (2) dt.30-06-2017 2/2 above, this appeal is allowed and the impugned order is set aside. Let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nadawa in connection with Nawada Town P.S. Case No. 178 of 2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) Mahesh/- U T