Ganesh Kumar @ Ganesh Kumar Bhardwaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 47306 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- TEKARI District- Gaya ====================================================== Ganesh Kumar @ Ganesh Kumar Bhardwaz S/o Sudhir Sharma R/o vill - Supta, P.S .- Tekari, Distt. - gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh For the Opposite Party/s :
Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 341, 323, 307 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and the informant alleges that on 12.01.2024, when he was returning from market along with his brother, when five accused on two motorcycles including the petitioner came and started assaulting them. Further, the petitioner assaulted the informant by an iron rod causing injury on head. It is next submitted that the date of occurrence is 12.01.2024 but then the F.I.R. was instituted on 14.01.2024, when the petitioner on 13.01.2024 had instituted
Patna High Court CR. MISC. No. 47306 of 2024(2) dt.22-08-2024 2/3 Tekari P.S. Case No.31/2024 against the informant and his side alleging that the informant along with others had snatched Rs.6200/-. It is also submitted that even presuming what has been alleged is true without admitted then the injury suffered by the informant is simple in nature. It is next submitted that the petitioner will not abscond rather will co-operate in the investigation to prove his innocence.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tekari P.S. Case No.32/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. Further, one of the bailors of the petitioner shall be his father, namely, Sudhir Sharma.
7. However, it is made clear that in the event if the
Patna High Court CR. MISC. No. 47306 of 2024(2) dt.22-08-2024 3/3 Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bond of the petitioner.
8. Let a copy of this order be sent to the concerned P.S. through the learned trial court.
(Satyavrat Verma, J) amit/- U T