Patna High CourtCR. MISC./41016/2019bail granted

Satish Kumar @ Gagga v. The State Of Bihar

2019-09-05Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41016 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- PALIGANJ District- Patna ====================================================== SATISH KUMAR @ GAGGA Son of Late Sidh Nath Singh Resident of Village-Masaurha, P.S-Paliganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Ranjan Kumar, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 379, 307, 504 of the Indian Penal Code and 27 of the Arms Act registered in connection with Paliganj P.S. Case No. 134 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation of having fired and of taking away Rs.30,000/- from the informant. It is submitted that the FIR is mere retaliation of Paliganj P.S. Case No.135/2019 which has been instituted on the complaint made by the petitioner and coaccused Ranjeet Kumar against the informant's partner Niranjan Kumar and others. It is further submitted that in any event no injury has been caused to anyone and the accusation of taking away Rs.30,000/- is mere embellishment. The petitioner claims

Patna High Court CR. MISC. No.41016 of 2019(3) dt.05-09-2019 2/3 clean antecedent.

4. The learned APP appears and has been heard. It is submitted that the petitioner is said to have fired on informant, but the bullet hit a drum.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Danapur, Patna in connection with Paliganj P.S. Case No. 134/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.41016 of 2019(3) dt.05-09-2019 3/3 (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Prakash Narayan /- U T