Amit Kumar @ Amit Kumar Das @ Amit Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43124 of 2018 Arising Out of PS.Case No. -598 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Amit Kumar @ Amit Kumar Das @ Amit Das, Son of Hare Krishna Das, Resident of Village- Balbhadrapur Dhudhpura, P.S.- Samastipur Muffasil, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Samastipur Muffasil P.S. Case No. 598/2017, instituted for the offences punishable under Sections 147, 149, 447, 341, 323, 324, 307, 354(B), 379, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is case and counter case between the parties. Injury has been sustained by both sides. The petitioner is said to have assaulted the wife of informant Baby Devi with Katta, but the injury report, which has been annexed as Annexure-2, shows that the wife of informant has sustained simple injury caused by hard and blunt substance. He has also submitted that there is land dispute between

Patna High Court Cr.Misc. No.43124 of 2018 (3) dt.09-08-2018 2/2 the parties. Both parties are Gotia.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Samastipur Muffasil P.S. Case No. 598/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Vth, Samastipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.)