Gyanendra Kumar Singh @ Gyanendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44529 of 2022 Arising Out of PS. Case No.-218 Year-2022 Thana- TEKARI District- Gaya ====================================================== GYANENDRA KUMAR SINGH @ GYANENDRA KUMAR Son of Late Hirdeo Singh @ Hridya Narayan Singh Resident of Village - Jagdar, P.S.- Tekari, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Prasad, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-12-2022 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 308, 504, 379 and 506 of the Indian Penal Code. Allegation against the petitioner is that he attacked to the informant near the Hanuman Temple and started abusing and assaulting as a result of which the informant's left hand was broken and strangulated with intention to kill him. It is further alleged that the accused petitioner snatched gold chain and cash

Patna High Court CR. MISC. No.44529 of 2022(3) dt.12-12-2022 2/3 of Rs. 5,000/- to the informant.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that the allegation against the petitioner is that he assaulted the informant and the informant sustained injury. He further submits that the injury report of the informant suggests that the injury is simple in nature and not on the vital part of the body.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Tekari P.S. Case No. 218 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.44529 of 2022(3) dt.12-12-2022 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T