Patna High CourtCR. MISC./40032/2019bail granted

Saroj Kumar @ Lakhna @ Lakhan v. The State Of Bihar

2019-07-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40032 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== SAROJ KUMAR @ LAKHNA @ LAKHAN Son of Suresh Rai @ Suresh Ray Resident of Village- Jitwarpur, Nijamat, Ward No.13, Police StationMuffasil, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar No.1 For the State :

Mr.Sanjay Kumar Singh For the Informant : Mr. Ashutosh Kumar, Mr. Surya Narayan Roy, ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 308, 323, 341, 342, 379, 504, 506 IPC registered in connection with Mufassil (Samastipur) P.S. Case No. 175 of 2019, GR No. 715 of 2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and the parties are gotia. The accusation of assault is general and omnibus in nature and the injuries are simple in nature. The petitioner claims clean antecedents.

4. Learned counsel for the informant appearing suo motu opposes the anticipatory bail petition.

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

Patna High Court CR. MISC. No.40032 of 2019(2) dt.03-07-2019 2/2 ACJM V, Samastipur, in connection with Mufassil (Samastipur) P.S. Case No. 175 of 2019, GR No. 715 of 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 co-operate 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.

iv. 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) Chandran/- U T