Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36392 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Raja Kumar, son of Sri Kailash Rai, Resident of Village- Lakhanpur Tal, P.S.- Desari, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 As prayed for, learned counsel for the petitioner is permitted to make necessary correction in the first page of bail application.

The petitioner is apprehending his arrest in connection with Desari P.S. Case No. 108 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307, 504 and 506 of Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of creating nuisance during the marriage ceremony and firing and also of assaulted one Naresh Sahni causing injury to him.

It has been submitted on behalf of the petitioner that only general and omnibus allegation has been levelled against the

petitioner and other accused person and no specific allegation has been made. Further except one injury all the other injuries was found to be simple in nature, however, the said injury was not inflicted by the petitioner. It has also been submitted that petitioner is a student and has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Hajipur, Vaishali, in connection with Desari P.S. Case No. 108 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the

concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before the police on to consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T